MICHAEL C. BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court must attach portions of the record to support its denial of a post-conviction motion for jail time credit.
Brown sought jail time credit for the period between his arrest and sentencing. The trial court denied the credit, stating Brown was not arrested on t…
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Brown appeals from the trial court’s denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he seeks jail time credit against his sentence. He alleges he should have been awarded 294 days jail time credit for time spent in jail from December 5, 1997 when he was arrested, to September 25, 1998 when he was sentenced. The trial court denied the credit of time giving as the reason the fact that Brown was not arrested on the escape charge on December 5, 1997, but was picked up on the warrant on March 24, 1998. However, the trial court failed to attach any portion of the record to support its stated reason.
The denial of a defendant’s rule 3.800(a) motion when sufficient allegations are made to afford relief, should include not only valid reasons for the denial by the trial court, but also attachments of portions of the record sufficient to support the denial. The rule places on the trial court the obligation to attach sufficient portions of the record to refute the defendant’s claim. See Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999); Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993).
Accordingly, we reverse and remand for the purpose of allowing the trial court to attach sufficient portions of the record to refute Brown’s claim for jail time credit. Should the court conclude that the motion cannot be decided on the face of the record, it may deny the motion without prejudice so that Brown may file a rule 3.850 motion.
REVERSED and REMANDED.
PETERSON and PLEUS, JJ., concur.
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…scher’s claim, which impedes us from properly determining whether Petscher or the trial court is correct. In these instances, this court and others have consistently held that reversal and remand is the appropriate remedy.4 In Brown v. [*642] State, 816 So. 2d 1142 (Fla. 5th DCA 2002), for example, we held: Brown appeals from the trial court’s denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he seeks jail time credit against his sentence. He alleges…1 / 2
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Cheatum v. State, 992 So. 2d 877 (Fla. 5th DCA 2008)…] conclusively refute Cheatum’s claim.2 Accordingly, we reverse and remand with instructions that the court either grant the motion, if appropriate, or attach copies of those portions of the record that support its denial. See, e.g., Brown v. State, 816 So. 2d 1142 (Fla. 5th DCA 2002). “If the claim cannot be resolved from the face of the record without resorting to fact-finding, [defendant] must file a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.” Petscher v. State,…
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Weiss v. Berkett, 907 So. 2d 1181 (Fla. 3d DCA 2005)…1 (Fla. 3d DCA 1992); Weiss v. Courshon, 618 So. 2d 255 (Fla. 3d DCA 1993); Weiss v. Courshon, 627 So. 2d 604 (Fla. 3d DCA 1993); Weiss v. Courshon, 768 So. 2d 2 (Fla. 3d DCA 2000); Weiss v. Berkett, 785 So. 2d 1248 (Fla. 3d DCA 2001); In re Pollak, 816 So. 2d 1142 (Fla. 3d DCA 2002); Weiss v. Berkett, 827 So. 2d 383 (Fla. 3d DCA 2002); Weiss v. Berkett, 835 So. 2d 283 (Fla. 3d DCA 2002), reh'g denied en banc (Jan. 31, 2003), rev. denied, 851 So. 2d 730 (Fla.2003), cert. denied, 540 U.S. 1110, 124 S.Ct. 1078,…1 / 2
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993)
- Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999)