FRANK BRESSI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed denial of motion for additional jail credit where jail certificate showed defendant served 255 days, not the 310 days claimed.
A trial court properly denies a Rule 3.800(a) motion for additional jail credit when a jail certificate refutes the defendant's claim of additional days served.
[1] A jail credit certificate is competent evidence to refute a defendant's claim of additional days incarcerated prior to sentencing under Florida Rule of Criminal Procedure…
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Join FLexlaw to unlock all legal intelligenceFrank Bressi claimed he was incarcerated in Columbia County Jail for 310 days prior to sentencing from November 28, 1998, through October 4, 1999, but…
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PER CURIAM.
We affirm the order denying Frank Bressi’s motion under Florida Rule of Criminal Procedure 3.800(a) for additional jail credit. The motion alleged that he was incarcerated in the Columbia County Jail from November 28, 1998, through October 4, 1999, a total of 310 days prior to sentencing, but that the trial court had awarded him credit for only 255 days.* The trial court denied relief on the basis of a jail credit certificate showing that he was in the Columbia County Jail from November 28, 1998, through August 6, 1999, and from September 20, 1999, through September 22, for a total of 255 days. To the extent that Mr. Bressi contends that he served more than 255 days in the Columbia County Jail, the certificate refutes his claim.
ERVIN, DAVIS and BENTON, JJ., concur. *
A letter in the court file suggests that Mr. Bressi was in the custody of Alachua County for part of the time between November 28, 1998, and October 4, 1999, while still facing the Columbia County charges. We do not decide today whether he is entitled, pursuant to section 921.161(1), Florida Statutes (1999) (stating a court shall award credit to a defendant for "all of the time she or he spent in the county jail before sentence”), to receive jail credit for any time he may have spent incarcerated in Alachua County. See Brown v. State, 747 So. 2d 992, 993 (Fla. 1st DCA 1999); Travis v. State, 724 So. 2d 119, 120-21 (Fla. 1st DCA 1998); Pearson v. State, 538 So. 2d 1349, 1349-50 (Fla. 1st DCA 1989). See generally State v. Mancino, 714 So. 2d 429 (Fla.1998).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998)
- Pearson v. State, 538 So. 2d 1349 (Fla. 1st DCA 1989)
- Drexler C. Brown v. State, 747 So. 2d 992 (Fla. 1st DCA 1999)