JOHN D. BECTON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying the defendant's motion for jail time credit because the attachments did not conclusively refute the claim.
John Becton challenged the denial of his motion for jail time credit, alleging he was not awarded proper credit for time served awaiting trial. The tr…
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[*1108] PER CURIAM.
John Becton challenges the denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) in which he alleges that, among other things, he has been denied credit for jail time served while awaiting trial. The trial court attached voluminous case abstracts, an order of probation, and relevant judgment and sentence sheets, none of which refute Beeton’s claim. Accordingly, we reverse.
In his motion Becton alleges specific dates he spent in jail for which he asserts that credit has not been properly awarded toward his prison term. Because his motion is facially sufficient as to this claim, the trial court’s denial may not be upheld unless the attachments to the order justify the denial. Summe.mll v. State, 637 So. 2d 370 (Fla. 2d DCA 1994); Smith v. State, 624 So. 2d 351 (Fla. 2d DCA 1993). In its order the court recites the dates, with one clerical error, and explains that an earlier correction of jail time credit rectified any errors which had occurred at the sentencing proceeding. The attachments to the order denying Becton’s motion detail the progress of the cases under consideration, but do not include information which is necessary to calculate accrued jail time credit such as dates of arrest, bonding, or recommitment. Neither do the attachments reflect that the earlier correction addressed the same jail credit now being claimed. Therefore, the order does not refute Becton’s claim.
This case is remanded to the trial court to reconsider the defendant’s claim regarding jail credit. The other claims raised in the motion are without merit. If the trial court again denies the motion, it shall attach those documents that conclusively refute the jail credit claim. Becton must seek appellate review of that order within thirty days.
Affirmed in part, reversed in part, and remanded.
CAMPBELL, A.C.J., and FULMER and QUINCE, JJ., concur.
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Cited By (15 total)
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Shaw v. State, 780 So. 2d 188 (Fla. 2d DCA 2001)…le 3.800(a) motion, the trial court must justify the denial of the motion with attachments from the record. See Ducharme v. State, 690 So. 2d 1358, 1361 (Fla. 2d DCA 1997); Summers v. State, 670 So. 2d 1105, 1105 (Fla. 2d DCA 1996); Becton v. State, 668 So. 2d 1107, 1108 (Fla. 2d DCA 1996). [*192] As a general rule, the failure to attach portions of the record requires us to reverse on all claims. See Waterfield v. State, 736 So. 2d 735, 736 (Fla. 2d DCA 1999). However, in this case, all of Shaw’s claims, exce…
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Wilson v. State, 692 So. 2d 971 (Fla. 2d DCA 1997)…mined in the prior order. The court must review Wilson’s claim on its merits. Accordingly, we reverse. On remand, should the trial court again deny the motion, it must attach portions of the record which refute Wilson’s claim. See Beeton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996). Reversed and remanded. SCHOONOVER, A.C.J., and QUINCE and NORTHCUTT, JJ., concur.…
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McPHERSON v. State, 750 So. 2d 125 (Fla. 2d DCA 2000)…and remand to the trial court for further proceedings. If the trial court again denies McPherson relief, it shall attach those portions of the record which refute his claims. See Summers v. State, 670 So. 2d 1105 (Fla. 2d DCA 1996); Becton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996). Reversed and remanded. FULMER, A.C.J., and WHATLEY and NORTHCUTT, JJ„ Concur.…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Summerall v. State, 637 So. 2d 370 (Fla. 2d DCA 1994)
- Smith v. State, 624 So. 2d 351 (Fla. 2d DCA 1993)