MICKEY L. SAUNDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying a motion to correct an illegal sentence without sufficient documentation to disprove the claim for jail time credit.
Appellant sought credit for jail time served after arrest warrant service but before transfer to another county. The trial court's attachments did not…
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POLEN, Judge.
In case number 95-1779, Mickey Saunders appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Of the thirty grounds raised by appellant, only one has merit and requires reversal for further consideration.
Saunders claims he was not given proper credit for time spent in the Dade County Jail, after being served with the arrest warrant and prior to being transferred to Broward County to face these charges. The trial court’s attachments to its order denying appellant relief don’t show on what date appellant was actually served with the capias. Further, the state’s attempt to provide such documentation to this court by a supplemental record does not cure the defect. Foley v. State, 657 So. 2d 929 (Fla. 4th DCA 1995).
Accordingly, we remand to the trial court for attachment of a record which shows appellant is not entitled to relief, or failing such proof, to award him the credit for jail time he seeks. Under this court’s recent substituted opinion in Fountain v. State, 660 So. 2d 376 (Fla. 4th DCA 1995), citing State v. Callaway, 658 So. 2d 983 (Fla.1995), a claim such as this does not require an evidentiary hearing.
This brings our attention to ease number 95-2939. Here, Saunders appeals the non-final order denying his requests for appointment of counsel and to transport him from state prison to the Broward County Courthouse for any hearings on his motion. Since there will be no evidentiary hearing, and the issue must be resolved on documents to be considered and attached by the trial judge, no error is demonstrated. We affirm as to case number 95-2939.
GUNTHER, C.J., and DELL, J., concur.
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Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002)…DCA 1999). The State has attempted to remedy this error by submitting record attachments along with its response to this court’s order to show cause, but this does not cure the defect in the trial court’s orders of summary denial. Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995); Foley v. State, 657 So. 2d 929 (Fla. 4th DCA 1995). Accordingly, we reverse and remand for the trial court to refute appellant’s claims with appropriate record attachments or to award credit if appropriate. GUNTHER, KLEIN an…
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Guibel Cuevas v. State, 907 So. 2d 655 (Fla. 4th DCA 2005)…court failed to attach portions of the record to the appealed order demonstrating the defendant is entitled to no relief. The state’s attempt to provide such documentation to this court with its response does not cure the defect. Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995). STONE, POLEN and GROSS, JJ., concur.…
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Prescott v. State, 698 So. 2d 602 (Fla. 4th DCA 1997)…filing a copy of the seoresheet with this court. However, supplementation of the record on appeal does not cure the trial court’s failure to comply with the requirement of rule 9.140(g) of the Florida Rules of Appellate Procedure. Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995); Foley v. State, 657 So. 2d 929 (Fla. 4th DCA 1995); Cherry v. State, 638 So. 2d 111 (Fla. 4th DCA 1994). We therefore reverse the trial court’s denial of relief pertaining to the seoresheet error and remand to the trial court…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Callaway, 658 So. 2d 983 (Fla. 1995)
- Fountain v. State, 660 So. 2d 376 (Fla. 4th DCA 1995)
- Foley v. State, 657 So. 2d 929 (Fla. 4th DCA 1995)