NELSON AUTREY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Waiver Of Jail Credit cases and more on FLexlaw
PER CURIAM.
Appellant, Nelson Autrey, seeks review of the trial court’s order that denied his Rule 3.800 motion wherein he alleged that his sentence is illegal because he did not receive jail credit of 55 days for the time he served before his first violation of probation. As appellant’s motion was properly sworn, and timely, we consider it as having been filed in accordance with Rule 3.850, which as the supreme court stated in State v. Mancino, 714 So. 2d 429, 431 (Fla.1998), is the “best procedure for a prisoner to resolve jail credit issues.”
As the plea colloquy attached to the lower court’s order does not establish a “specific and voluntary waiver” of the 55 days at issue, appellant appears to be entitled to that time. See, e.g., Daily v. State, - So. 2d -, 1999 WL 212859 (Fla. 4th DCA Apr.7, 1999) (citing Silverstein v. State, 654 So. 2d 1040, 1041 (Fla. 4th DCA 1995)); see also Henderson v. State, 720 So. 2d 1121 (Fla. 4th DCA 1998).
Accordingly, we reverse and remand for the trial court to either attach additional exhibits to refute appellant’s claim, or to conduct an evidentiary hearing to determine if appellant waived the 55 days.
POLEN, STEVENSON and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Wade v. State, 751 So. 2d 669 (Fla. 2d DCA 2000)…esentation, or presentation is prima facie evidence of an intent to promote. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Relying on State v. Parrella, 736 So. 2d 94 (Fla. 4th DCA 1999), Wade argues that in using the modifier “any” rather than “a” before the terms “photograph, motion picture, exhibition, show, representation, or other presentation,” the legislature intended to punish as a single crime any posses…
-
State v. Farnham, 752 So. 2d 12 (Fla. 5th DCA 2000)…he basis for a separate unit of prosecution; if the word “any” is used, the courts have discerned a legislative intent that all of the contraband be viewed in the episodic sense with only a single unit of prosecution intended. See State v. Parrella, 736 So. 2d 94 (Fla. 4th DCA 1999). Mr. Farnham was charged in multiple counts with violating section 827.071(5) of the Florida Statutes which provides in relevant part: 827.071. Sexual performance by a child; penalties. * * * (5) It is unlawful for any person…
-
State v. Rubio, 917 So. 2d 383 (Fla. 5th DCA 2005)…te v. Watts, 462 So. 2d 813 (Fla.1985) (defendant who possessed two knives could be charged with only one count of possession of contraband in a correctional institution where prohibited article was described as “any ... weapon”); State v. Parrella, 736 So. 2d 94 (Fla. 4th DCA 1999), (defendant, who during single occurrence showed undercover detectives four different videotapes depicting sexual acts involving children, could be prosecuted only on one count of possessing child pornography with intent to promo…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995)
- Henderson v. State, 720 So. 2d 1121 (Fla. 4th DCA 1998)