LAZARO MARTINEZ, 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.
Martinez appealed the denial of his motion for additional jail credit under Florida Rule of Criminal Procedure 3.800(a). He claimed he was entitled to credit for time spent in a Miami-Dade jail on a Broward County sentence, but the court affirmed the denial because the factual issues could not be resolved in a 3.800(a) proceeding and required consideration of matters outside the trial court record.
The court affirmed the denial of the 3.800(a) motion because the issue requires consideration of matters outside the trial court record and cannot be properly resolved through that procedure. However, the affirmance was without prejudice to Martinez filing a 3.850 motion for postconviction relief to resolve the underlying factual issues.
[1] A defendant is not entitled to jail credit on a sentence in one county for time spent in jail in another county if the detainer or hold placed on the defendant was merely…
[2] A motion for jail credit under Florida Rule of Criminal Procedure 3.800(a) is not the proper vehicle to resolve factual disputes requiring consideration of matters outsid…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“based upon Gethers v. State, 838 So. 2d 504 (Fla.2003), he contended that he was entitled to jail credit on his Broward County sentence for the time spent in Miami-Dade jail after his arrest”
Establishes the legal basis for Martinez's claim under Gethers
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMartinez was arrested on a warrant from Broward County while being held in Miami-Dade County on other charges. He attached an arrest affidavit from Mi…
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 Motion For Jail Credit cases and more on FLexlaw
WARNER, J.
We affirm the trial court’s order denying the appellant’s Florida Rule of Criminal Procedure 3.800(a) motion seeking additional jail credit for time spent in jail in Miami-Dade County. The appellant claimed that he was arrested on a warrant from Broward County while he was being held in Miami-Dade on other charges. He attached to his motion an arrest affidavit from the Miami-Dade Police. Thus, based upon Gethers v. State, 838 So. 2d 504 (Fla.2003), he contended that he was entitled to jail credit on his Broward County sentence for the time spent in Miami-Dade jail after his arrest. However, the state responded to his motion, providing evidence that the Broward Sheriffs Office only notified Miami-Dade County authorities that a detainer or hold should be placed on the appellant. In that circumstance, the appellant would not be entitled to jail credit for the time spent in the Miami-Dade facility while awaiting conclusion of his Miami-Dade charges. See Gethers, 838 So. 2d at 508.
It is apparent that this issue cannot be resolved in a rule 3.800(a) proceeding, because the issue requires consideration of matters outside the record before the court in Broward County, including the teletypes between the Broward Sheriffs Office and the Miami-Dade Police, as well as the arrest affidavit signed in Miami-Dade.
We therefore affirm the order denying relief under rule 3.800(a), but we do so without prejudice to the appellant filing a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 to resolve the factual issues regarding whether the appellant was actually arrested on the Broward warrant while in the Miami-Dade jail.
POLEN and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Martinez v. State, 940 So. 2d 1277 (Fla. 4th DCA 2006)…ling a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 to resolve the factual issues regarding whether the appellant was actually arrested on the Broward warrant while in the Miami-Dade jail. Martinez v. State, 932 So. 2d 337, 338 (Fla. 4th DCA 2006). [*1279] Thereafter, Martinez filed the instant timely sworn pro se motion for postconviction relief, pursuant to rule 3.850, Florida Rules of Criminal Procedure, in which he sought the same additional jail time credit. He a…
-
Hines v. State, 4 So. 3d 726 (Fla. 4th DCA 2009)…r to show cause, the State suggests that only a detainer was issued. It appears that the determination of whether Hines was actually arrested on the Broward County charges on March 12, 2006 will require an evidentiary hearing. Cf. Martinez v. State, 932 So. 2d 337 (Fla. 4th DCA 2006). Hines is presently scheduled for release from prison in August 2009, and if he receives this additional credit he would be entitled to immediate release. Accordingly, we reverse the denial of his motions and remand for an ev…
-
Martinez v. State, 61 So. 3d 1265 (Fla. 4th DCA 2011)…. State, 20 So. 3d 445 (Fla. 4th DCA 2009), approved, 48 So. 3d 692 (Fla.2010). Appellant also failed to show that the face of the record clearly established that he was arrested on the warrant in this case on the date he alleges. Martinez v. State, 932 So. 2d 337 (Fla. 4th DCA 2006); see also Hines v. State, 4 So. 3d 726 (Fla. 4th DCA 2009). Appellant’s motion was filed within the time for bringing a Rule 3.850 motion. Accordingly, we affirm without prejudice for appellant to raise his jail credit claim in…
Authorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)