CALVIN MCQUEEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court must either award the defendant additional jail credit or attach record portions conclusively refuting his claim.
The defendant was awarded different jail credits for two counts of an amended information. He claimed entitlement to the same credit on both counts, a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jail Credit cases and more on FLexlaw
DAVIS, Judge.
Calvin McQueen appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand to the trial court. Following McQueen’s arrest, the State filed a two count information. Approximately seventeen months later, the State filed an amended information which added count three. McQueen then entered a plea to counts one and three, and the State nolle prossed count two. Upon sentencing, the trial court awarded McQueen the 526 days that he had been in custody as. credit on count one; however, the court only awarded 13 days’ credit on count three.
In his posteonvietion motion, McQueen claimed that he was entitled to the same amount of jail credit on both counts one and three of the amended information. The trial court summarily denied the motion, finding that McQueen was not in custody for the conduct alleged in count three until that count was added by the filing of the amended information. McQueen, however, contended that count three was a lesser included offense of count two of the original information and that the same facts and discovery evidence led to both charges. Accordingly, McQueen argued that he was in custody for the acts alleged in count three from the time of his original arrest.
Because the record before us does not refute McQueen’s claim, we reverse and remand. On remand, the trial court shall either correct McQueen’s sentence by awarding him the additional jail credit on count three or attach portions of the record conclusively refuting his claim.
Reversed and remanded.
FULMER and KELLY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. State, 978 So. 2d 872 (Fla. 2d DCA 2008)…uously from December 13, 2006, until sentencing on July 24, 2007. The records attached to the postconviction court’s order do not refute Johnson’s claim that he is entitled to the same amount of jail time credit for each count. See McQueen v. State, 870 So. 2d 77 (Fla. 2d DCA 2003). Because the record before this court does not refute Johnson’s claim, we reverse and remand. On remand, the trial court shall either correct Johnson’s sentence by awarding him the additional jail [*873] credit on count one or at…
-
Reaves v. State, 970 So. 2d 484 (Fla. 2d DCA 2007)…original police stop and investigation. Because the record does not conclusively refute Reaves’ claim that he was in custody continuously on counts that stem from the same stop and police investigation, we reverse and remand. See McQueen v. State, 870 So. 2d 77 (Fla. 2d DCA 2003). Also, because Reaves’ “claim for jail credit involves a disputed issue of fact and he filed his sworn motion within two years of his ... sentence becoming final, the postconviction court should have treated his motion as filed pu…
-
Kennedy v. State, 24 So. 3d 777 (Fla. 5th DCA 2009)…new charge on June 6, 2007. Therefore, it appears Kennedy was in custody on the burglary charge from the date the amended information was filed and would be entitled to credit from that date until he was sentenced on July 2, 2007. McQueen v. State, 870 So. 2d 77 (Fla. 2d DCA 2003). We accordingly reverse and remand for a determination on the scrivener’s error and/or resentencing on Count I, and for award of additional forty days credit for time served on Count II, or attachment of records sufficient to dem…