SCOTT WILLIAM GEIL, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.850(F) cases and more on FLexlaw
The appellant appeals an order denying his motion seeking jail credit. Because the appellant’s motion was filed after July 1, 2013, it should be treated as though filed pursuant to Florida Rule of Criminal Procedure 3.801. The appellant’s motion is facially insufficient pursuant to that rule as he fails to allege any of the required information. See Fla. R.Crim. P. 3.801(c). Pursuant to the new rule the appellant is entitled to an opportunity to amend to *692state a facially sufficient claim. See Fla. R.Crim. P. 3.801(e) (incorporating Florida Rule of Criminal Procedure 3.850(f)); Fla. R.Crim. P. 3.850(f)(2) (if motion is facially insufficient, trial court must give defendant 60 days to amend). Here, the trial court denied the motion on the merits, but failed to attach any records supporting its conclusions. See Fla. R.Crim. P. 3.801(e) (incorporating Florida Rule of Criminal Procedure 3.850(f)); Fla. R.Crim. P. 3.850(f)(5) (trial court must attach portions of the record refuting appellant’s claims). Accordingly, we reverse and remand for the trial court to comply with the requirements of rule 3.801.
REVERSED and REMANDED for further proceedings consistent with this opinion.
THOMAS, ROWE, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McINTOSH v. State, 146 So. 3d 1291 (Fla. 1st DCA 2014)…. P. 3.850(f)(5) (“If the denial is based on the records in the case, a copy of that portion of the files and records that conclusively shows that the defendant is entitled [*1292] to no relief shall be attached to the final order.”); Geil v. State, 140 So. 3d 691 (Fla. 1st DCA 2014); Williams v. State, 141 So. 3d 686 (Fla. 4th DCA 2014). We therefore reverse and remand with directions to the trial court to attach those portions of the record that conclusively refute McIntosh’s claims. REVERSED AND REMANDED…
-
Wilkerson v. State, 143 So. 3d 451 (Fla. 5th DCA 2014)…specifically found appellant possessed but did not discharge a firearm and trial judge’s oral pronouncement of a ten-year minimum mandatory sentence pursuant to section 775.087(2)(a), Florida Statutes (2008), was correct); see also Douglas v. State, 140 So. 3d 691 (Fla. 1st DCA 2014) (affirming judgment and sentence but remanding for correction of written sentence to match oral pronouncement). AFFIRMED; REMANDED for correction of scrivener’s error. TORPY, C.J., SAWAYA and PALMER, JJ., concur. . The wri…
-
Kacy Danielle Crenshaw v. State, 247 So. 3d 94 (Fla. 1st DCA 2018)