CHRISTOPHER DELGADO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's motion for jail credit was summarily denied without supporting documentation, so the appellate court reversed and remanded for the trial court to attach jail certificates or other evidence conclusively refuting the claim or to grant the credit.
A trial court must attach supporting documentation to its order denying jail credit or remand for the trial court to provide jail certificates that conclusively refute the claim.
[1] A trial court must attach jail certificates or other documentary evidence to an order denying jail credit, or remand to allow the defendant to present evidence supporting…
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Join FLexlaw to unlock all legal intelligenceAppellant sought 821 days of jail credit for time spent in Dade and Jackson County jails resulting from his arrest on Washington County charges. The t…
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PER CURIAM.
Appellant challenges the trial court’s summary denial of his motion seeking jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the record does not conclusively refute Appellant’s claim, we reverse.
Appellant made a facially sufficient claim for jail credit under rule 3.800 by providing the dates for which he is seeking credit and the date of his sentence, and alleged 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). Appellant alleges that he is entitled to 821 days of jail credit for the time he spent in Dade and Jackson County jails as the result of his arrest on Washington County charges. The trial court stated that it denied Appellant’s motion after consulting with the Washington County Sheriffs Department. However, the trial court failed to attach any supporting documentation from the Washington County’s Sheriffs Department or elsewhere to support its order. We therefore reverse the trial court’s summary denial of Appellant’s motion for jail credit and remand for the trial court to attach jail certificates or other portions of the record that conclusively refute Appellant’s claim or to grant additional credit as the record dictates.
REVERSED and REMANDED.
BOOTH, BENTON and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities 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)