ALBERT L. NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Albert Nelson appealed the trial court's denial of his motion to correct an illegal sentence under Florida Rule 3.800(a), claiming he was not awarded sufficient jail time credit. The Fourth District affirmed the denial but permitted Nelson to refile his motion with proper procedural compliance.
The trial court's denial of Nelson's motion was affirmed because Nelson failed to affirmatively allege in his motion where in the record information demonstrating his entitlement to relief could be found. However, Nelson was permitted to refile his motion with proper pleading and supporting documentation from jail records.
[1] A defendant seeking jail time credit must affirmatively allege in their motion where in the record information can be found demonstrating entitlement to relief.
[2] A trial court should examine the court file and, if necessary, the jail record to determine whether a defendant is entitled to additional credit for time served.
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Join FLexlaw to unlock all legal intelligence“appellant failed to affirmatively allege in his motion where in the record information can be found demonstrating his entitlement to relief”
Establishes the procedural deficiency that was grounds for affirming the trial court's denial.
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Join FLexlaw to unlock all legal intelligenceNelson was arrested on May 23, 1994 and released on bond on January 19, 1995 (241 days of incarceration). His bond was revoked on April 14, 1995, and …
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[*241] PER CURIAM.
We review the trial court’s order denying appellant Albert Nelson’s' motion to correct an illegal sentence filed pursuant to Rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm.
Appellant alleges he has not received all of his jail time credit. According to his sworn motion, he was arrested on May 23, 1994 and released pursuant to bond on January 19, 1995 (241 days). On April 14, 1995, the Palm Beach county circuit court revoked his bond and he was reincarcerat-ed. On May 16, 1997, he plead guilty to charges of manslaughter and possession of a firearm by a convicted felon and received a sentence of fifteen years imprisonment. He remained incarcerated a total of 763 days before being sentenced. The sentencing court awarded him 887 days of jail-time credit.
Appellant filed a rule 3.800(a) motion alleging error in the calculation of his jail time credit. Appellant alleges the trial court should have awarded him 1004 days of jail credits Upon reviewing the court file, the circuit court denied his motion because the file contained a Felony Settlement Agreement, executed by appellant and his counsel, showing appellant would receive 887 days of jail time credit.
In affirming the circuit court’s order, we observe that appellant failed to affirmatively allege in his motion where in the record information can be found demonstrating his entitlement to relief. See Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998); Baker v. State, 714 So. 2d 1167, n. 1 (Fla. 1st DCA 1998). In accordance with State v. Mancino, 714 So. 2d 429 (Fla.1998), the judge in his order wrote that he had reviewed the court file. We agree with the Third District that the trial court should examine not only the' court file, but if necessary, the jail record to determine whether the defendant is entitled to additional credit for time served, Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999); Wilder v. State, 753 So. 2d 655 (Fla. 2d DCA 2000), because appellant’s jail records may establish his entitlement to relief..
We, therefore, affirm the order below without prejudice to appellant’s right to refile a rule 3.800(a) motion affirmatively stating where in the court file or jail records the information concerning his jail service can be found. Appellant may attach such supporting information to his motion.
DELL, KLEIN, and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Ransone v. State, 20 So. 3d 445 (Fla. 4th DCA 2009)…ime when court records demonstrate an entitlement to relief); Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999) (requiring a trial court to examine jail records when jail credit issues are raised in a Rule 3.800(a) motion). Accord Nelson v. State, 760 So. 2d 240 (Fla. 4th DCA 2000). Jail credit issues are best settled at sentencing when records relevant to the inquiry can more readily be obtained.…
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Skullestad v. State, 790 So. 2d 516 (Fla. 4th DCA 2001)…e court file or jail or probation records the information on appellant’s claim of entitlement to credit for additional days in the 1990 and 1992 cases can be found. Appellant may attach such supporting information to his motion. See Nelson v. State, 760 So. 2d 240, 241 (Fla. 4th DCA 2000). FARMER, STEVENSON and HAZOURI, JJ., concur.…
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Phillips v. State, 798 So. 2d 796 (Fla. 4th DCA 2001)…ormation concerning her jail service can be found. Appellant may attach such supporting information to her motion. See Acquaotta v. State, 791 So. 2d 1251 (Fla. 4th DCA 2001); Skullestad v. State, 790 So. 2d 516 (Fla. 4th DCA 2001); Nelson v. State, 760 So. 2d 240 (Fla. 4th DCA 2000). POLEN, C.J., SHAHOOD and GROSS, JJ., concur.…
Previewing 3 of 14 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)
- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)
- Williamson v. Penni Lane Williamson, 714 So. 2d 1167 (Fla. 3d DCA 1998)
- Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998)
- Wilder v. State, 753 So. 2d 655 (Fla. 2d DCA 2000)