TRAVIS BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2006-12-20
No. 3D05-2834
Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.
946 So. 2d 62 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 2 cases

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.

Synopsis

The Third District Court of Appeal enforces its prior mandate requiring the trial court to conduct further proceedings on Brown's Rule 3.800(a) motion for jail credit. The trial court had reversed and remanded the case because the original order denying relief lacked sufficient record evidence, but the trial court failed to take any of the required remedial steps.


Holding

The trial court failed to comply with the mandate. The appellate court granted Brown's motion to enforce the mandate and directed the trial court to conduct further proceedings consistent with one of three options: issue a new order granting relief, enter a new order denying relief with conclusively demonstrative record evidence, or conduct a hearing on the merits.


Headnotes

[1] A trial court must attach record excerpts conclusively establishing a defendant's ineligibility for relief when summarily denying a motion for jail credit.

[2] Upon remand, a trial court must either grant relief, deny relief with conclusive record evidence, or conduct a hearing on the merits of the motion.

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Key Quotes

“the trial court failed to cite or attach portions of the plea colloquy conclusively establishing that Brown waived entitlement to the alleged jail credit”

Establishes the deficiency in the trial court's original order that necessitated reversal and remand

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Facts & Procedural History

Brown filed a Rule 3.800(a) motion on August 30, 2005, seeking 540 days of jail credit. The trial court summarily denied the motion on September 16, 2…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant Appellant Travis Brown’s motion to enforce our mandate and order the trial court to hold further proceedings consistent with our prior opinion.

On August 30, 2005, Appellant Brown filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging entitlement to 540 days of jail credit. On September 16, the trial court summarily denied the motion. While the trial court’s original order cited to a sentencing score-sheet,1 the trial court failed to cite or attach portions of the plea colloquy conclusively establishing that Brown waived entitlement to the alleged jail credit. We therefore reversed and remanded “for further proceedings or for the attachment of record excerpts conclusively showing that the appellant is not entitled to any relief.” Brown v. State, 925 So. 2d 429 (Fla. 3d DCA2006).

Based upon our mandate, the trial court had three options: (1) issue a new order granting relief to Brown, (2) enter a new order denying relief and attaching the necessary record evidence conclusively demonstrating that Brown is not entitled to credit, or (3) conduct a hearing on the merits of Brown’s motion and issue a new order reflecting the trial court’s findings.

The trial court has not proceeded on any of these options. Brown therefore has filed this motion to enforce the mandate and we ordered the State to show cause why we should not grant Brown’s motion to enforce the mandate. The State, apparently failing to recognize that the trial court’s original order on Brown’s 3.800(a) motion was reversed, merely forwarded Brown’s plea colloquy. This is insufficient because the trial court has not revisited the 3.800 motion post-reversal. We therefore grant Brown’s motion to enforce our mandate with directions to conduct further proceedings in accordance with this order. . The scoresheet was not, in fact, attached to the trial court’s order.


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Citator

Cited By

  • Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)
    …ler, the staple remover and the staple itself — have ever before achieved such lofty significance. . What’s more, if the trial court does not undertake this awesome responsibility, this Court will specifically order it to do so. See Brown v. State, 946 So. 2d 62, 2006 WL 3734380 (Fla. 3d DCA Case no. 3D05-2834, opinion filed, Dec. 20, 2006). . I believe that the majority decision is an unfortunate example of the process Cardozo described as follows: Judges march at times to pitiless conclusions under the…

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