DANIEL SHEEHAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by failing to attach necessary documentation to refute the defendant's claim for jail credit.
The defendant moved for additional jail credit, alleging he was entitled to more days than awarded. The trial court denied the motion, stating the def…
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Sheehan appeals from the trial court’s order which summarily denied his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Under the circumstances, we reverse and remand for further proceedings.
In his motion, Sheehan alleges he was incarcerated in the St. Johns County Jail from November 3, 1998 until the date of sentencing on June 11,1999. He claims he received 148 days jail credit for case number CF98-2800 and 128 days credit for case number CF99-226. Sheehan concludes he is entitled to a total of 221 days credit for each case, which results in an additional 73 days for CF 98-2800 and 93 additional days for CF99-226.
The trial court denied relief on the basis that at the time of Sheehan’s arrest in the two eases, he was already incarcerated on unrelated misdemeanor charges. In such an event he would not be entitled to additional jail credit for time served in the unrelated cases. See Bank v. State, 632 So. 2d 640 (Fla. 2d DCA 1994).
In its order, the trial court failed to attach documentation necessary to refute Sheehan’s claim as is required by rule 3.800(a). See Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993); Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994). Although attachments to the state’s response indicate the trial court ruled correctly in this case, that is not sufficient under the rule. McCray v. State, 633 So. 2d 561 (Fla. 4th DCA 1994); Griffin v. State, 573 So. 2d 979 (Fla. 5th DCA 1991).
Accordingly, we reverse and remand for further proceedings, including, allowing the trial court the opportunity to attach documentation to its order showing Shee-han has no legal basis for his requested relief.
REVERSED and REMANDED.
DAUKSCH and SAWAYA, JJ., concur.
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Toomajan v. State, 785 So. 2d 1275 (Fla. 5th DCA 2001)…). Although the trial court ignored the defect in appellant’s motion and denied it on the merits, the court failed to attach any records to support its determination that appellant was not entitled to additional credit. See, e.g., Sheehan v. State, 759 So. 2d 747 (Fla. 5th DCA 2000) (order denying jail credit reversed where court failed to attach any documents to refute defendant’s claim). If appellant files a facially sufficient motion, the trial court must attach the necessary portions of the record refuti…
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Davis v. State, 779 So. 2d 638 (Fla. 1st DCA 2001)…charges in other cases,” it did not attach any documentation evidencing arrest dates or any other documentation refuting the appellant’s claim that he should receive credit for the period of December 1, 1997, to March 1, 1999. See Sheehan v. State, 759 So. 2d 747 (Fla. 5th DCA 2000) (reversing and remanding where trial court noted that appellant served time on unrelated charges but failed to attach documentation refuting appellant’s claim of entitlement to jail credit). As the trial court failed to attach su…
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Archambault v. State, 789 So. 2d 463 (Fla. 5th DCA 2001)…So. 2d 1225 (Fla.1997); Singleton v. State, 633 So. 2d 529 (Fla. 2d DCA 1994); Scherer v. State, 366 So. 2d 840 (Fla. 2d DCA 1979). In addition, Archambault is not entitled to credit for time spent in jail on unrelated charges. See Sheehan v. State, 759 So. 2d 747 (Fla. 5th DCA 2000); Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995). AFFIRMED. THOMPSON, C.J., and ORFINGER, R.B., J., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Am. Sightseeing Tours, Inc. v. Gerda Jackson, 634 So. 2d 175 (Fla. 3d DCA 1994)
- Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)
- Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993)
- Eldridge A. McCRAY v. State, 633 So. 2d 561 (Fla. 4th DCA 1994)
- Griffin v. State, 573 So. 2d 979 (Fla. 5th DCA 1991)
- Eric D. Bank v. State, 632 So. 2d 640 (Fla. 2d DCA 1994)