DELBERT MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed summary denial of Rule 3.800(a) motion for jail credit where trial court failed to attach appropriate records and improperly characterized the motion.
A Rule 3.800(a) motion seeking jail time credit is cognizable and must be addressed with appropriate supporting records, not summarily denied.
[1] A claim seeking jail time credit is cognizable under Rule 3.800(a) and requires the trial court to address the claim with appropriate supporting records rather than summa…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceMartin claimed he was held in county jail from November 3-4, 1999 and November 17 to December 13, 1999, and alleged the trial court orally credited 29…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Rule 3.800(A) Motion cases and more on FLexlaw
PLEUS, J.
Delbert Martin appeals the trial court’s order summarily denying his Rule 3.800(a) motion. Martin alleges that he is entitled to a total of 29 days jail credit. Specifically, he claims that he was held in the county jail in connection with this case from November 3, 1999 to November 4, 1999 and again from November 17, 1999 until December 13, 1999. He alleges that at sentencing the trial court did, in fact, credit the 29 days in jail, but the written judgment and sentence form fails to reflect the 29 days credit. Rather, it reflects credit for only one day.
Martin’s motion is legally sufficient. See State v. Swyck, 716 So. 2d 767 (Fla.1998) (claim seeking jail time credit is cognizable in a Rule 3.800(a) motion). The state, in its response, concedes that Martin is entitled to raise his claim under Rule 3.800(a) pursuant to State v. Mancino, 714 So. 2d 429 (Fla.1998). The trial court’s order fails to refute Martin’s claims and attach appropriate records. See Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995) (denial of 3.800 motion for jail credit reversed where court failed to attach appropriate record). In fact, the court’s order improperly characterizes Martin’s motion as one for mitigation or reduction of sentence pursuant to Rule 3.800(b). Under the circumstances, we reverse and remand to give the trial court an opportunity to refute Martin’s claim with appropriate records or to award the proper credit if warranted.
REVERSED AND REMANDED.
THOMPSON, C.J., and SAWAYA, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002)…7 (Fla.1998). [*74] Here, the trial court order denying relief in both cases failed to attach supporting portions of the record refuting appellant’s claims. This is reversible error. Ford v. State, 801 So. 2d 233 (Fla. 2d DCA 2001); Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001); Speer v. State, 734 So. 2d 454 (Fla. 4th DCA 1999). The State has attempted to remedy this error by submitting record attachments along with its response to this court’s order to show cause, but this does not cure the defect in…
-
Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…me to which he is entitled, he has been caused to serve “approximately” five months and sixteen days longer than had the jail time been properly credited. We conclude that Gallinat’s motion is legally sufficient. Id. at 426-27. In Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001), we similarly held: Delbert Martin appeals the trial court’s order summarily denying his Rule 3.800(a) motion. Martin alleges that he is entitled to a total of 29 days jail credit. Specifically, he claims that he was held in the…1 / 2
-
Bliss M. Thomas v. State, 854 So. 2d 743 (Fla. 5th DCA 2003)…ord to support the denial of jail time credit. Once a prima facie claim is asserted that the record shows an entitlement to jail time credit, the burden is on the trial court to attach portions of the record to refute the claim. See Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001); Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995). The state’s attempt to provide such documentation to this court in response to this court’s order [*744] to show cause does not cure the defect.1 See Worthington v. State, 667…
Previewing 3 of 5 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)
- Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995)
- Pagan v. Pagan, 661 So. 2d 139 (Fla. 5th DCA 1995)
- State v. Swyck, 716 So. 2d 767 (Fla. 1998)