JAMES MEREDITH CLIFTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Clifton appeals an order granting partial jail credit for time served in custody across three cases. The appellate court affirmed the trial court's denial of most jail credit but recognized factual disputes that warranted consideration under a different procedural rule, authorizing Clifton to file a new motion within 60 days.
The trial court's order denying most jail credit was affirmed, but the court recognized that disputed factual issues existed that could not be properly resolved under rule 3.800(a). The court authorized Clifton to file a rule 3.850 motion within 60 days despite his statutory deadline having expired, treating the new motion as timely filed.
[1] A motion for jail credit involving disputed issues of fact is not appropriate for resolution under Florida Rule of Criminal Procedure 3.800(a).
[2] Disputed issues of fact regarding jail credit are matters that can only be resolved pursuant to Florida Rule of Criminal Procedure 3.850.
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Join FLexlaw to unlock all legal intelligence“Such jail credit issues involve disputed issues of fact and are not appropriate for resolution on a motion filed pursuant to rule 3.800(a); they are matters that can only be resolved pursuant to rule 3.850.”
Establishes the procedural rule that factual disputes regarding jail credit must be raised under rule 3.850, not rule 3.800(a).
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Join FLexlaw to unlock all legal intelligenceClifton was sentenced on April 9, 2003, for offenses occurring between 1998 and 2002. He sought 274 days of jail credit for time spent in custody betw…
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ALTENBERND, Judge.
James M. Clifton appeals an order that granted a portion of his motion for jail credit and denied the remainder of the motion. Mr. Clifton sought 274 days of jail credit in three cases for time he spent in jail between July 10, 2002, and April 9, 2003. The trial court treated the motion as filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and prepared a lengthy order with many attachments. To the largest extent, the trial court denied relief. We affirm that order. It appears, however, from the attachments that a question of fact exists under which Mr. Clifton may be entitled to relief. Because his time to file a motion pursuant to Florida Rule of Criminal Procedure 3.850 recently expired while we were reviewing this appeal, we authorize him to file a motion pursuant to rule 3.850 within sixty days from the date of the mandate issued in this proceeding, which motion the trial court should treat as timely filed.
Mr. Clifton was sentenced on April 9, 2003, for a series of offenses that occurred between 1998 and 2002. He had been arrested on various dates and served varying amounts of time on these charges. The State Credit Time Log prepared by the Hillsborough County Sheriffs Office reflects jail credit for eight different case numbers with credit ranging from fourteen days to 417 days. The three critical cases are case numbers 98-9326, 02-1228, and 02-1229. In case numbers 02-1228 and 02-1229, Mr. Clifton signed written plea agreements to sentences of sixty months’ incarceration with “all” days of jail credit. When he signed the plea agreements, it appears from the sheriffs records that he had been in jail since at least July 15, 2002. Nevertheless, on each of these cases he received only fourteen days’ jail credit.
The jail log for these two cases reflects credit for one day on January 23, 2002, for twelve days between May 11 and May 22, 2002, and one day for April 9, 2003. These logs suggest that Mr. Clifton was released on bond in May 2002 and that the bond was never revoked when he was returned to jail in July 2002. If that is the case, then he is only entitled to jail credit on these two cases from the date when the bond was revoked. See Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002).
Because the trial court attached additional documents to its order, we have the clerk of circuit court’s detail felony calendar report for both of these cases. Both of these reports contain references to hearings after July 15, 2002, during which Mr. Clifton was attempting to be released on recognizance or on reasonable bail on these charges. These records strongly suggest that Mr. Clifton’s bond was revoked and that he was actually in jail on these charges for substantial periods not reflected in the sheriffs log.
Likewise in case number 98-9326, the record contains a criminal report affidavit/notice to appear that lists case number 98-9326 and claims that he was arrested on this charge on July 15, 2002. The sheriffs log gives credit on this case for a time in 1999 and for April 9, 2003. If he was actually arrested and incarcerated on this charge on July 15, 2002, the log would appear to be incorrect.
Such jail credit issues involve disputed issues of fact and are not appropriate for resolution on a motion filed pursuant to rule 3.800(a); they are matters that can only be resolved pursuant to rule 3.850. See Blake, 807 So. 2d 772; Daniels v. State, 825 So. 2d 499 (Fla. 2d DCA 2002). Accordingly, we affirm with leave to file a motion pursuant to rule 3.850 within sixty days of this court’s mandate in this appeal.
Affirmed.
CASANUEVA and SILBERMAN, JJ., Concur.
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Ericson v. State, 932 So. 2d 311 (Fla. 2d DCA 2006)…le of Criminal Procedure 3.800(a). To resolve Mr. Ericson’s jail credit claim requires factual determinations that are not apparent from the face of the record. Therefore, this claim may not be raised by a rule 3.800(a) motion. See Clifton v. State, 905 So. 2d 1042 (Fla. 2d DCA 2005). Accordingly, we affirm the order without prejudice to any right Mr. Ericson might have to file a timely and facially sufficient sworn motion seeking jail credit under Florida Rule of Criminal Procedure 3.850. Any such motion will…
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Danurel Daffin v. State, 31 So. 3d 867 (Fla. 1st DCA 2010)…s bond on one charge and is released, only to be reincarcerated later on other charges, he is then being held only on the charges occasioning the later arrest, until and unless the bond posted on the initial charge is revoked.5 See Clifton v. State, 905 So. 2d 1042, 1043 (Fla. 2d DCA [*871] 2005) (holding that, after defendant was released on bond in one case, when he was returned to jail on subsequent charges, he was only entitled to jail credit on sentences imposed in the subsequent cases from the date bond…
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Richie v. State, 959 So. 2d 433 (Fla. 2d DCA 2007)…to provide proof of his Hillsborough County confinement. “[J]ail credit issues involving disputed issues of fact can only be resolved pursuant to rule 3.850.” Mathis v. State, 945 So. 2d 588, 588 (Fla. 2d DCA 2006) (citing [*434] Clifton v. State, 905 So. 2d 1042, 1044 (Fla. 2d DCA 2005)). Because Richie’s claim for jail credit involves a disputed issue of fact and he filed his sworn motion within two years of his violation of probation sentence becoming final, the posteonvietion court should have treated hi…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002)
- Daniels v. State, 825 So. 2d 499 (Fla. 2d DCA 2002)
- West v. State, 825 So. 2d 499 (Fla. 2d DCA 2002)