JAMES T. STREET, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Street appealed the denial of his motion for jail time credit for 196 days allegedly spent in custody before and after sentencing. The Second District Court of Appeal reversed, finding the trial court's summary denial improper because it failed to attach documentary evidence refuting Street's specific allegations about jail time credit.
The court reversed the trial court's order because it failed to attach documentary evidence refuting Street's facially sufficient motion. The court held that pre-sentencing jail credit may be sought through a Rule 3.800(a) motion to the trial court, but post-sentencing jail credit must be sought through administrative proceedings with the Department of Corrections.
[1] A trial court must attach portions of the record that refute a defendant's allegations when summarily denying a motion for jail credit pursuant to Florida Rule of Crimina…
[2] A motion for jail credit is facially sufficient if the defendant alleges specific dates of incarceration for which credit has not been received.
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Join FLexlaw to unlock all legal intelligence“In appeals from summary denials regarding jail credit issues raised pursuant to Florida Rule of Criminal Procedure 3.800(a), this court requires the trial court to attach portions of the record which refute the appellant's allegations.”
Establishes the procedural requirement that trial courts must attach documentary evidence when denying jail credit motions.
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Join FLexlaw to unlock all legal intelligenceStreet was arrested for violation of probation and alleges he spent 196 days in jail from arrest through arrival at the South Florida Reception Center…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
James Street appeals the denial of his motion to allow credit for time served in jail both before and after sentencing. He filed his motion pursuant to Florida Rule of Criminal Procedure 3.800(a) and cited sections 921.161(1) and (2), Florida Statutes (1989), as authority for the motion. We reverse.
Street alleges that he spent 196 days in jail from the date he was arrested for violation of probation through his arrival at the South Florida Reception Center for which he has not received credit. The trial court denied the motion stating that the case file shows that Street was in custody prior to sentencing for a total of 178 days and has been awarded credit for that time. The trial court failed to attach any portions of the record to its order. “In appeals from summary denials regarding jail credit issues raised pursuant to Florida Rule of Criminal Procedure 3.800(a), this court requires the trial court to attach portions of the record which refute the appellant’s allegations.” Summerall v. State, 637 So. 2d 370 (Fla. 2d DCA 1994).1 Street’s motion is facially sufficient because he alleges specific dates that he asserts he spent in jail for which he has not received proper credit. Because there are no attachments to the order to justify denial, the trial court’s order cannot be upheld. See Becton v. State, 668 So. 2d 1107, 1108 (Fla. 2d DCA 1996).
The Department of Corrections, not the trial court, has the responsibility of granting postsentencing jail time credit pursuant to section 921.161(2). Brown v. State, 427 So. 2d 821, 822 (Fla. 2d DCA 1983). Therefore, the relief Street seeks regarding jail time spent after sentencing must be sought through administrative proceedings and not through a motion to correct illegal sentence filed in the trial court. Knight v. State, 681 So. 2d 772, 773 (Fla. 2d DCA 1996).
This case is remanded to the trial court to reconsider Street’s claim regarding presen-tencing jail credit. If the trial court again denies the motion, it shall attach those documents that conclusively refute the jail credit claim. Street must seek appellate review of that order within thirty days.
Reversed and remanded.
DANAHY, A.C.J., and FRANK and PARKER, JJ., concur. . This court acknowledges conflict with the decisions of the First, Fourth and Fifth District Courts of Appeal and follows its prior decisions requiring trial courts to entertain motions seeking jail time credit brought pursuant to Florida Rule of Criminal Procedure 3.800(a). Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997). Rule 3.800 is an appropriate procedure when the defendant's allegations indicate that the issue of jail credit can be determined by the trial court from its records. Thomas v. State, 611 So. 2d 600, 601 (Fla. 2d DCA 1993).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Mancino, 714 So. 2d 429 (Fla. 1998)…of motions alleging ineffective assistance of counsel for failing to investigate jail credit and to file a timely motion. This court has consistently held that some jail credit issues may be addressed by a rule 3.800(a) motion. See Street v. State, 693 So. 2d 695 (Fla. 2d DCA 1997); Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997); review granted, No. 90,358, 699 So. 2d 1376 (Fla. Sept.5, 1997); Thomas, 611 So. 2d 600. I continue to believe there are some errors involving jail credit that result in illegal…
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Chojnowski v. State, 705 So. 2d 915 (Fla. 2d DCA 1997)…of motions alleging ineffective assistance of counsel for failing to investigate jail credit and to file a timely motion. This court has consistently held that some jail credit issues may be addressed by a rule 3.800(a) motion. See Street v. State, 693 So. 2d 695 (Fla. 2d DCA 1997); Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997); review granted, No. 90,358, 699 So. 2d 1376 (Fla. Sept. 5, 1997); Thomas, 611 So. 2d 600. I continue to believe there are some errors involving jail credit that result in illegal…
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Brown v. State, 793 So. 2d 27 (Fla. 2d DCA 2001)…of Criminal Procedure 3.800(a). We affirm. As to Brown’s second claim, seeking credit for the time between sentencing and his commitment to prison, this claim must be pursued administratively with the Department of Corrections. See Street v. State, 693 So. 2d 695 (Fla. 2d DCA 1997). Affirmed. BLUE, A.C.J., and GREEN and STRINGER, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993)
- Becton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996)
- Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983)
- Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997)
- Summerall v. State, 637 So. 2d 370 (Fla. 2d DCA 1994)
- Knight v. State, 681 So. 2d 772 (Fla. 2d DCA 1996)