TAMMY LYNN HARVESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2002-06-05
No. 2D02-1122
ALTENBERND and WHATLEY, JJ., concur.
817 So. 2d 1048 Florida District Court of Appeal, Second District (2002) Caution
Cited by 14 cases

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Synopsis

Tammy Lynn Harvester appeals the trial court's denial of her motion for jail credit under Florida Rule of Criminal Procedure 3.800(a). The appellate court relinquishes jurisdiction to the trial court to supplement the record with attachments referenced in the order but not provided to the appellate court, establishing a new policy for handling such deficient orders.


Holding

Rather than immediately reversing, the appellate court will exercise discretion to relinquish jurisdiction to the trial court for thirty days to attach the referenced documents and supplement the record. This policy applies when a trial court order denying a postconviction motion references attachments not actually attached or requires review of identifiable documents from the trial court record not provided to the appellate court.


Headnotes

[1] An appellate court may relinquish jurisdiction to the trial court to allow for the attachment of referenced but missing documents to an order denying a postconviction mot…

[2] Appellate courts may order a trial court to supplement the record with identifiable documents from the trial court record that are not attached to the order denying a pos…

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Key Quotes

“when the trial court's order denying a postconviction motion references attachments that are not actually attached or requires this court to review an identifiable document from the trial court record that is not attached to the order, this court will exercise its discretion by either relinquishing jurisdiction to the trial court for thirty days for the preparation of an amended order or by ordering the trial court to supplement the record with the necessary records.”

Establishes the new appellate policy for handling orders with missing referenced attachments

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Facts & Procedural History

Harvester filed a motion claiming she was entitled to sixty-eight days of jail credit for time spent in a court-ordered, in-house drug treatment progr…

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Opinion of the Court
PARKER, Judge.

ORDER RELINQUISHING JURISDICTION

PARKER, Judge.

Tammy Lynn Harvester appeals the trial court’s order denying her motion for proper jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court’s order references attachments that were not included in the record on appeal, we relinquish jurisdiction to the trial court for thirty days so that the referenced attachments may be added.

In her motion, Harvester alleges that she is entitled to sixty-eight days’ jail credit for time she spent in a court-ordered, in-house drug treatment program. The trial court denied the motion and attached a copy of an earlier order addressing a motion Harvester had previously filed. This earlier order states that it has as attachments case progress notes, criminal report affidavits, judgments and sentences, and a state credit time log, all of which purportedly show that Harvester’s jail credit is correct. However, none of these documents attached to the earlier order was furnished to this court by the trial court.

In the past, this court has often reversed such orders when the documents attached to the order failed to conclusively refute a claim. This court will continue to reverse such orders in some instances. However, a reversal is often a very inefficient method to address an order that may be deficient only because it has failed to attach one or more essential documents. A reversal often does not result in a new order from the trial court for several months. If the trial court again denies the postconviction motion, invariably the defendant files another appeal. That appeal is often assigned to a new panel of judges who often repeat work performed by the first panel.

In many appeals, this court could determine whether the trial court’s initial order was correct merely by obtaining a few more documents from the trial court record. This case is a good example of such an appeal. Accordingly, we take this opportunity to announce that when the trial court’s order denying a postconviction motion references attachments that are not actually attached or requires this court to review an identifiable document from the trial court record that is not attached to the order, this court will exercise its discretion by either relinquishing jurisdiction to the trial court for thirty days for the preparation of an amended order or by ordering the trial court to supplement the record with the necessary records.

We emphasize that this new policy is not intended to encourage trial courts to become lax in the preparation of these orders. This policy will allow for efficient and timely resolution of postconviction appeals only if trial courts continue to pro vide quality orders to this court. This court will continue to reverse trial court orders or publish relinquishment orders when it appears that the error is the result of a lack of diligence on the part of the trial court.

We therefore relinquish jurisdiction to the trial court for thirty days to attach those documents referenced in the trial court’s order and to supplement the record with those attachments.

ALTENBERND and WHATLEY, JJ., concur.


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Citator

Cited By

  • Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)
    …its. See generally Richardson v. State, 918 So. 2d 999, 1004 (Fla. 5th DCA 2006) (refusing to remand where the trial court improperly denied a petition, where dismissal was the proper disposition). (Emphasis added). Likewise, in Harvester v. State, 817 So. 2d 1048, 1049 (Fla. 2d DCA 2002), the court stated: [A] reversal is often a very inefficient method to address an order that may be deficient only because it has failed to attach one or more essential documents. A reversal often does not result in a new or…
  • Phillips v. State, 229 So. 3d 426 (Fla. 2d DCA 2017)
    …counsel at the revocation stage. The State acknowledges as much. It asks us to relinquish jurisdiction to allow the postcon-viction court to attach record documents or order the postconviction court to supplement the record. See Harvester v. State, 817 So. 2d 1048 (Fla. 2d DCA 2002). We will do neither. Harvester applies when “this court could determine whether the [postconviction] court’s initial order was correct merely by obtaining a few more documents” or when the postconviction court’s order “references…
  • Swanson v. State, 825 So. 2d 507 (Fla. 1st DCA 2002)
    …court failed to reference or attach any records refuting the appellant’s allegations. Because the trial court did not rely upon any court documents in summarily denying the appellant’s motion, we decline in this instance to apply Harvester v. State, 817 So. 2d 1048 (Fla. 2d DCA 2002), in which the Second District Court of Appeal determined that it will either relinquish jurisdiction for the preparation of an amended order, or order the trial court to supplement the record, before deciding whether to affirm or…

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