JEFFREY TRAPKIN, A/K/A MICHAEL COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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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 portions of the record supporting denial. See Collins v. State, 805 So. 2d 73, 74 (Fla. 4th DCA 2002). If the record available to the trial court, which includes the jail records referenced, establishes that appellant is entitled to the credit he requests, the court shall award him the jail credit. See Phillips v. State, 839 So. 2d 893, 894 (Fla. 4th DCA 2003).
WARNER, STEVENSON and SHAHOOD, JJ., concur.
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Fields v. Klein, 946 So. 2d 119 (Fla. 4th DCA 2007)…usal was based on adverse legal rulings and expressions of dissatisfaction with counsel’s behavior and, therefore, was legally insufficient and properly denied. See Mansfield v. State, 911 So. 2d 1160 (Fla. 2005); Thomas v. The Chase Manhattan Bank, 857 So. 2d 989 (Fla. 4th DCA 2003), receded from on other grounds, Santa Catalina Townhomes, Inc. v. Mirza, 942 So. 2d 462 (Fla. 4th DCA 2006); Ellis v. Henning, 678 So. 2d 825 (Fla. 4th DCA 1996). [*122] The action is remanded to the trial court with direction to…
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Santa Catalina Townhomes, Inc. v. Shahbaz Mirza, 942 So. 2d 462 (Fla. 4th DCA 2006)…cial Administration 2.160(e), (2005),2 provides that “[a] motion to disqualify shall be filed within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion....” In Thomas v. Chase Manhattan Bank, 857 So. 2d 989 (Fla. 4th DCA 2003), we held that merely serving a motion to recuse within ten days of discovery of facts justifying the motion does not comply with the requirement of filing the motion. We therefore denied a petition for writ of prohibition where t…
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Ianleal Schuettler v. State, 931 So. 2d 1044 (Fla. 4th DCA 2006)…jail time can be located and explains how the record demonstrates entitlement to the credit for jail time, see Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). See also Phillips v. State, 839 So. 2d 893 (Fla. 4th DCA 2003); Trapkin v. State, 857 So. 2d 989 (Fla. 4th DCA 2003); Swanson v. State, 825 So. 2d 507 (Fla. 1st DCA 2002). If appellant’s true complaint is that the Department of Corrections has failed to grant him credit for time served, then he must seek relief from the Department as outlined i…
Authorities Cited
- Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002)
- Trapkin v. State, 830 So. 2d 172 (Fla. 4th DCA 2002)
- Schwartz v. State, 839 So. 2d 893 (Fla. 3d DCA 2003)
- Thomas v. State, 839 So. 2d 893 (Fla. 3d DCA 2003)