PAUL A. SMALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Paul Small appealed the trial court's denial of his motion to correct an illegal sentence seeking additional jail credit. The Fourth District Court of Appeal affirmed, holding that under Johnson v. State, a trial court is not required to attach jail records to refute a Rule 3.800(a) jail credit claim filed outside the Rule 3.850 time limit, and the trial court properly denied the claim when additional credit was not apparent from the face of court records.
A trial court is not required to attach records to refute a Rule 3.800(a) jail credit claim filed outside the Rule 3.850 time limit. The trial court properly denied Small's claim for additional credit because the motion was filed outside the Rule 3.850 time limit and the entitlement to additional jail credit was not apparent from the face of court records.
[1] A trial court is not required to attach records to refute a motion for correction of illegal sentence based on jail credit claims.
[2] A claim for additional jail credit is not apparent from the face of court records when the entitlement is not readily ascertainable from the existing record.
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Join FLexlaw to unlock all legal intelligence“In Johnson v. State, 60 So.3d 1045, 1051 (Fla.2011), however, the Florida Supreme Court made clear that a trial court is not required to attach records to refute a Rule 3.800(a) jail credit claim.”
Establishes the controlling legal standard that overruled prior case law requiring courts to attach jail records
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Join FLexlaw to unlock all legal intelligencePaul Small filed a Motion to Correct Illegal Sentence more than four years after his sentence became final on direct appeal. The trial court granted t…
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More than four years after his sentence became final on direct appeal, appellant Paul Small filed a Motion to Correct Illegal Sentence under Florida Rule of Criminal Procedure 3.800(a). The trial court granted the motion awarding appellant credit from the date the Palm Beach Sheriffs Office’s records showed he was taken into custody. Appellant moved for rehearing, arguing that he was entitled to five more days of jail credit from the date he was first arrested in Miami-Dade County on the warrant for this case. The trial court denied rehearing.
Appellant’s motion alleged that jail records would show his entitlement to the additional jail credit. Under prior case-law, this claim would appear sufficient and reversal would be required because the court did not review the foreign county’s jail records and attach the records refuting the claim. See Phillips v. State, 839 So.2d 893, 894 (Fla. 4th DCA 2003); Wright v. State, 830 So.2d 263, 264 (Fla. 5th DCA 2002); Hidalgo v. State, 729 So.2d 984, 984 (Fla. 3d DCA 1999).
In Johnson v. State, 60 So.3d 1045, 1051 (Fla.2011), however, the Florida Supreme Court made clear that a trial court is not required to attach records to refute a Rule 3.800(a) jail credit claim. The above cases requiring a court to review and attach jail records to refute a claim brought under Rule 3.800(a) — and outside the Rule 3.850 time limit — have been overruled. See Villar v. State, 110 So.3d 503, 504 (Fla. 4th DCA 2013); Jarrett v. State, 89 So.3d 293 (Fla. 5th DCA 2012) (recognizing that Johnson overruled cases requiring a trial *65court to attach records to refute a Rule 8.800(a) claim).
Because appellant’s motion was filed outside the time for seeking relief under Rule 3.8501, and because the entitlement to additional jail credit is not apparent from the face of court records, the trial court properly denied the claim for additional credit.
Affirmed.
TAYLOR, CIKLIN and LEVINE, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)
- Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012)
- Villar v. State, 110 So. 3d 503 (Fla. 4th DCA 2013)
- Smith v. State, 830 So. 2d 263 (Fla. 5th DCA 2002)
- Schwartz v. State, 839 So. 2d 893 (Fla. 3d DCA 2003)
- Thomas v. State, 839 So. 2d 893 (Fla. 3d DCA 2003)
- In re Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure, 112 So. 3d 1234 (Fla. 2013)