ERIC SVENSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Eric Svenson appealed seeking 122 additional days of jail credit for time served in Seminole County jail before transfer to Orange County for sentencing on a violation of probation charge. The trial court summarily denied his rule 3.800 motion without explanation. The appellate court reversed and remanded, finding the claim appeared to have merit and requiring the trial court to adequately address the issue on remand.
The appellate court held that Svenson's claim for additional jail credit appeared to have merit based on the face of the record and that the trial court erred in summarily denying the motion without providing reasoning. The court reversed and remanded, instructing the trial court to either award the credit or adequately refute the claim on remand.
[1] A form acknowledging violation of probation and waiver of rights is not evidence of a defendant's release date from confinement.
[2] A defendant is entitled to jail credit for the full period of days spent in custody between arrest and release, inclusive of the start and end dates.
Previewing 2 of 5 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“With the limited record we have, we are unable to conclusively verify that the face of the record supports Appellant's claim, but it appears to have merit.”
Establishes that despite limited ability to verify, the appellate court found the claim had sufficient merit to reverse the summary denial
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Join FLexlaw to unlock all legal intelligenceSvenson was arrested for domestic battery in Seminole County and violation of probation (Orange County charge) on the same day, November 7, 2007. He w…
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Appellant seeks an additional 122 days of jail credit for the period of time that he spent in the Seminole County jail before being transferred to Orange County for sentencing in a violation of probation proceeding. Appellant sought the additional jail credit by filing a rule 3.800 motion. In his motion, he alleged all the details of his confinement dates, which he contended appeared on the face of the records, copies of which were attached to his motion. Indeed, if the records are authentic, they reveal that he was arrested for domestic battery (occurring in Seminole County) and violation of probation (the Orange County charge for which he was sentenced) on the same day, November 7, 2007. It also appears that he was held continuously in jail on the VOP until he was sentenced, but he was not credited for the time he spent in the Seminole County jail on that charge. See Williams v. State, 4 So.3d 728, 729-30 (Fla. 5th DCA 2009). With the limited record we have, we are unable to conclusively verify that the face of the record supports Appellant’s claim, but it appears to have merit. Unfortunately, the trial judge summarily denied the motion without providing her reasoning. On remand, we instruct the trial court to adequately refute the claim if it is without merit. Cheatum v. State, 992 So.2d 877, 878 (Fla. 5th DCA 2008).
Appellant alleges in this appeal that his sentence is nearing completion if the proper jail credit is awarded. Hopefully, on remand the trial judge can and will get to the bottom of this issue in an expeditious manner so that Appellant will not be prejudiced by the alleged error.
REVERSED AND REMANDED.
SAWAYA and COHEN, JJ., concur.
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Citator
Cited By
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COX v. State, 218 So. 3d 453 (Fla. 1st DCA 2017)…versing denial of motion for jail credit where record did not conclusively refute the appellant’s claim that he did not receive all the credit he was due from the date of his [*455] warrantless arrest in county of new law offense); Svenson v. State, 16 So. 3d 1019, 1019 (Fla. 5th DCA 2009) (reversing and remanding for trial court to attach records that conclusively refuted the appellant’s claim that he did not receive all the jail credit for the period of time he spent in a Seminole County jail before being t…
Authorities Cited
- Cheatum v. State, 992 So. 2d 877 (Fla. 5th DCA 2008)
- Williams v. State, 4 So. 3d 728 (Fla. 5th DCA 2009)