WILLIAM SWANSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Rule 3.800 Motion cases and more on FLexlaw
PER CURIAM.
The appellant challenges the trial court’s order summarily denying his rule 3.800 motion for jail credit. The appellant has made a facially sufficient claim for jail credit under rule 3.800 by providing the dates for which he is seeking credit, the date of his sentence, and alleging that the jail certificate would show that he is entitled to credit. See Thomas v. State, 634 So. 2d 175, 177 (Fla. 1st DCA 1994); State v. Mancino, 714 So. 2d 429, 433 (Fla.1998). The trial 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 reverse the trial court’s order of summary denial. We accordingly reverse and remand for the trial court to support its denial with record attachments or to grant the relief sought.
REVERSED and REMANDED.
MINER, WOLF and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Friss v. State, 881 So. 2d 38 (Fla. 5th DCA 2004)…ail records in ruling on motion to correct illegal sentence, where motion was legally sufficient because it indicated jail records would demonstrate his entitlement to relief, and trial court reviewed only pleading and court file); Swanson v. State, 825 So. 2d 507 (Fla. 1st DCA 2002) (defendant made a facially sufficient claim for jail credit under rule 3.800 by providing the dates for which he was seeking credit, providing the date of his sentence, and alleging that the jail certificate would show that he is…
-
Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…r rule 3.800 by providing the dates for which she is seeking credit, the date of her sentence, and alleging that the jail records in the county where she was sentenced would show that she is entitled to the credit sought.”) (citing Swanson v. State, 825 So. 2d 507 (Fla. 1st DCA 2002)); Smith v. State, 816 So. 2d 158, 158 (Fla. 2d DCA 2002) (“At the end of this claim, Smith cited to his judgment and sentence in case number 80-390. The trial court denied Smith’s claim as facially insufficient to meet the standa…
-
Phillips v. State, 229 So. 3d 426 (Fla. 2d DCA 2017)…eal. See Peede v. State, 748 So. 2d 253, 257 (Fla. 1999) (“To uphold the trial court’s summary denial of claims raised in a 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record.”); see also Swanson v. State, 825 So. 2d 507 (Fla. 1st DCA 2002) (declining to apply Harvester when the postconviction court “did not rely upon any court documents” in denying a motion). We will;- accordingly, review the postcon-viction court’s order based on the record before us. We review t…
Previewing 3 of 7 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)
- 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)
- Harvester v. State, 817 So. 2d 1048 (Fla. 2d DCA 2002)