JACKIE HINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jackie Hines appealed the summary denial of his rule 3.850 and 3.800(a) motions seeking 193 additional days of jail credit for time spent in Brevard County after arrest on Broward County charges. The court reversed and remanded for an evidentiary hearing, finding Hines stated a sufficient claim not refuted by attached records and that the additional credit would entitle him to immediate release.
Hines stated a sufficient claim for the additional jail credit that is not refuted by the attached records, and no specific voluntary waiver of the jail credit is shown in the record. The court reversed the denial of both motions and remanded for an evidentiary hearing to determine whether Hines was actually arrested on the Broward County charges on March 12, 2006.
[1] A defendant is entitled to an evidentiary hearing on a motion for jail credit when the motion states a sufficient claim not refuted by attached records.
[2] A defendant's claim for jail credit is not automatically waived by stipulating to a different amount of credit for time served at a plea hearing, absent a specific volunt…
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Join FLexlaw to unlock all legal intelligence“Because he has stated a sufficient claim that is not refuted by the attached records and because it appears that with the additional credit he would be entitled to release, we reverse and remand for a prompt evidentiary hearing.”
States the court's holding and the basis for reversal
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Join FLexlaw to unlock all legal intelligenceHines was arrested on March 12, 2006, in Brevard County on Broward County charges. He attached an arrest affidavit from the Broward Sheriff's Office d…
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Jackie Hines appeals the summary denial of a rule 3.850 motion and the denial of a rule 3.800(a) motion. Both motions seek an additional 193 days credit for time spent in Brevard County jail after he was arrested on Broward County charges. Because he has stated a sufficient claim that is not refuted by the attached records and because it appears that with the additional credit he would be entitled to release, we reverse and remand for a prompt eviden-tiary hearing.
In its response below, the State argued that at the plea hearing in this case, Hines waived this credit by stipulating to a different amount of credit for time served. However, the record does not show a specific voluntary waiver of this jail credit. See Davis v. State, 968 So.2d 1051, 1052 (Fla. 5th DCA 2007); Tribble v. State, 948 So.2d 52, 54 (Fla. 4th DCA 2007); Murphy v. State, 930 So.2d 794 (Fla. 1st DCA 2006); Reed v. State, 810 So.2d 1025 (Fla. 2d DCA 2002); Silverstein v. State, 654 So.2d 1040, 1041 (Fla. 4th DCA 1995).
Hines alleges under oath that he was arrested on March 12, 2006 in Brevard County on Broward County charges. He attached an arrest affidavit from the Bro-ward Sheriffs Office (BSO) that includes the Broward court case number, the charges, and a BSO arrest number. The arrest affidavit states the date of the arrest is March 12, 2006, and the affidavit was date stamped by the Brevard County clerk on that date. The affidavit appears to support Hines’s claim. See Bedford v. State, 880 So.2d 1265 (Fla. 2d DCA 2004). In its response to this court’s order 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 evidentiary hearing, which should be held expeditiously-
WARNER, MAY and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hagan v. State, 25 So. 3d 639 (Fla. 1st DCA 2009)…ntitlement to credit and a sentence that fails to grant such credit.” Of course, "jail credit claims are [also] cognizable in motions filed pursuant to rule 3.850.” Murphy v. State, 930 So. 2d 794, 796 (Fla. 1st DCA 2006). See, e.g., Hines v. State, 4 So. 3d 726, 727 (Fla. 4th DCA 2009) ("Hines appeals the summary denial of a rule 3.850 motion and the denial of a rule 3.800(a) motion. Both motions seek an additional 193 days' credit for time spent in Brevard County jail after he was arrested on Broward Coun…
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Martinez v. State, 61 So. 3d 1265 (Fla. 4th DCA 2011)…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 a sworn and legally sufficient Rule 3.850 motion that must…
Authorities Cited
- Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995)
- Kalishea Reed v. State, 810 So. 2d 1025 (Fla. 2d DCA 2002)
- Davis v. State, 968 So. 2d 1051 (Fla. 5th DCA 2007)
- Murphy v. State, 930 So. 2d 794 (Fla. 1st DCA 2006)
- Bedford v. State, 880 So. 2d 1265 (Fla. 2d DCA 2004)
- Martinez v. State, 932 So. 2d 337 (Fla. 4th DCA 2006)
- Tribble v. State, 948 So. 2d 52 (Fla. 4th DCA 2007)