JEFFREY A. TRAPKIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jeffrey Trapkin appealed the denial of his motion to correct an illegal sentence, challenging his denial of jail credit for time served in Dade County while subject to a Broward County detainer. The Fourth District Court of Appeal affirmed the denial but without prejudice, allowing Trapkin to refile a properly pled motion that complies with procedural requirements for jail credit claims.
Trapkin is not automatically entitled to jail credit for time served in Dade County after service of a Broward County detainer. However, if his allegations that he was arrested in Dade County for the violation of community control are correct, he may be entitled to such credit. The motion was affirmed without prejudice, requiring Trapkin to refile with proper pleading that identifies where in the record the supporting information is located and explains how the record demonstrates entitlement to relief.
[1] A defendant is not entitled to jail credit in one county for time served in another county's jail after a detainer has been placed on them for a violation of community co…
[2] A defendant may be entitled to jail credit for time served in another county's jail if the arrest in that county was for the violation of community control that led to th…
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Join FLexlaw to unlock all legal intelligence“Appellant is not entitled to jail credit in his Broward County case for time served in the Dade County jail from the date of imposition of the Broward County detainer.”
Establishes the general rule that time served in another county's jail after service of a detainer does not automatically entitle the defendant to credit.
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Join FLexlaw to unlock all legal intelligenceTrapkin was arrested in Dade County and served with a detainer by Broward County for violation of community control. He sought credit for time served …
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PER CURIAM.
Jeffrey Trapkin, Appellant, timely challenges the denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Though Appellant raised multiple claims in his motion, we affirm without discussion as to all but one.
Appellant requested credit for time served in Dade County after he was arrested there and served with a detainer by Broward County for his violation of community control. Appellant is not entitled to jail credit in his Broward County case for time served in the Dade County jail from the date of imposition of the Broward County detainer. See Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001), review granted, 817 So. 2d 846 (Fla. Apr.16, 2002). But see Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001); Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000). However, as Appellant’s motion seemed to assert that he was arrested’in the Dade County jail for the violation of community control, if his allegations are correct, he is entitled to the jail credit he seeks. See Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995) (remanding for attachment of record refuting claim or for award of credit on appellant’s claim that he was entitled to credit for time served in another county’s jail after being served there with an arrest warrant but prior to being transferred to Broward County); Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992) (defendant entitled to time served from date arrest warrant served).
We affirm without prejudice to Appellant raising this claim in a rule 3.800(a) motion which complies with Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998) (holding that with regards to jail credit claims, “at a minimum, the motion will have to allege where in the record the information can be located and explain how the record demonstrates entitlement to the relief requested.”). Appellant failed to even reference the record. An allegation that the Broward County jail records demonstrated his entitlement to relief would have complied with Toro. If Appellant’s new motion complies with Toro, the trial court must determine whether the record refutes the claim. The record includes the jail records. See Wallace v. State, 789 So. 2d 480, 481 n. 1 (Fla. 4th DCA 2001).
AFFIRMED IN PART, AFFIRMED WITHOUT PREJUDICE IN PART.
GUNTHER, FARMER and HAZOURI, JJ., concur.
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…ellant’s right to refile a rule 3.800(a) motion raising his claim of entitlement to credit for time served, affirmatively stating where in the court file or jail records the information concerning his jail service can be found.”);5 Trapkin v. State, 830 So. 2d 172, 173 (Fla. 4th DCA 2002) (“We affirm without prejudice to Appellant raising this claim in a rule 3.800(a) motion which complies with Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998) (holding that with regards to jail credit claims, ‘at a minim…
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Trapkin v. State, 857 So. 2d 989 (Fla. 4th DCA 2003)…PER CURIAM. Appellant challenges the trial court’s denial of his Rule of Criminal Procedure 3.800(a) motion for jail credit. This is appellant’s renewed motion which followed this court’s affirmance without prejudice. See Trapkin v. State, 830 So. 2d 172 (Fla. 4th DCA 2002). We find appellant’s renewed motion to be legally sufficient, and reverse and remand to the trial court for a determination on the merits. If the record conclusively refutes the claim, then the trial court should attach those p…
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Young v. State, 877 So. 2d 881 (Fla. 4th DCA 2004)…motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm without prejudice to her right to file a legally sufficient motion addressing her claim of entitlement to jail credit. See Trapkin v. State, 830 So. 2d 172 (Fla. 4th DCA 2002); Toro v. State, 719 So. 2d 947 (Fla. 4th DCA 1998); Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001), approved, 838 So. 2d 504 (Fla.2003). WARNER, POLEN and KLEIN, JJ., concur.…
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
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)
- Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)
- Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001)
- Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)
- Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000)
- Mickey L. Saunders v. State, 661 So. 2d 134 (Fla. 4th DCA 1995)
- Taylor v. First Nat'l Bank OF Chicago under that certain pooling & servicing agreement dated as of September 1, 789 So. 2d 480 (Fla. 4th DCA 2001)