WILLIAM H. JARRETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2012-06-01
No. 5D12-529
ORFINGER, C.J., and MONACO, J., concur.
89 So. 3d 293 Florida District Court of Appeal, Fifth District (2012) Negative Treatment
Cited by 11 cases
Opinion of the Court
PALMER, J.

PALMER, J.

William H. Jarrett (defendant) appeals the trial court’s order denying his motion for jail credit filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm, writing only to explain why we reject the State’s concession of error.

The State has conceded that the' order should be reversed because the trial court did not attach record documents conclusively refuting the defendant’s claim. However, our supreme court recently explained in Johnson v. State, 60 So.3d 1045, 1051 & n. 2 (Fla.2011), that rule 3.800(a) does not require the trial court to attach record documents. Rather, “[a]n appellate court should affirm the summary denial of a rule 3.800(a) motion whenever the appellate court’s review of the record establishes that the defendant did not satisfy the burden of showing entitlement to relief on the face of the record.” Id. n. 2.

AFFIRMED.

ORFINGER, C.J., and MONACO, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Emmett Timothy COX v. State, 221 So. 3d 723 (Fla. 3d DCA 2017)
    …d 600 (Fla. 2007); Porkolab v. State, 187 So. 3d 945 (Fla. 3d DCA 2016); McClain v. State, 157 So. 3d 528 (Fla. 1st DCA 2015); Casteel v. State, 141 So. 3d 624 (Fla. 4th DCA 2014); Smart v. State, 124 So. 3d 347 (Fla. 2d DCA 2013); Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012).…
  • Villar v. State, 110 So. 3d 503 (Fla. 4th DCA 2013)
    …a negotiated plea agreement to be raised in a Rule 3.800(a) motion. Johnson, 60 So. 3d at 1048 n. 1.1 The court also rejected the notion that a trial court must attach records to refute a Rule 3.800(a) claim. Id. at 1051; see also Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012) (rejecting the State’s concession of error). Pursuant to Johnson, because the appellant in this case agreed to a specific amount of jail credit as part of his negotiated plea agreement, his remedy to challenge an incorrect jail…
  • Rodriguez v. State, 125 So. 3d 343 (Fla. 5th DCA 2013)
    …PER CURIAM. AFFIRMED. See Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012). SAWAYA, PALMER and COHEN, JJ., concur.…

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