GEORGE TERRY DURDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Durden's motion for jail credit filed under Florida Rule of Criminal Procedure 3.801 was timely because sentences imposed before July 1, 2013 have until July 1, 2014 to file such motions, and the trial court erred in dismissing it as untimely.
A defendant whose sentence became final before July 1, 2013 has until July 1, 2014 to file a motion for jail credit under Florida Rule of Criminal Procedure 3.801, and a motion filed on December 2, 2013 is timely.
[1] For sentences imposed prior to July 1, 2013, a motion for jail credit under Florida Rule of Criminal Procedure 3.801 may be filed on or before July 1, 2014, providing a o…
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Join FLexlaw to unlock all legal intelligenceGeorge Terry Durden filed a motion for jail credit on December 2, 2013, pursuant to Florida Rule of Criminal Procedure 3.801. His sentence became fina…
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George Terry Durden appeals the order summarily dismissing as untimely his motion for jail credit filed pursuant to rule 3.801, Florida Rules of Criminal Procedure. Durden filed his motion under the mailbox rule on December 2, 2013. Effective July 1, 2013, all jail credit issues must be handled pursuant to Florida Rule of Criminal Procedure 3.801, which limits the time for seeking correction of jail credit to one year from the date the sentence becomes final.1 Defendants with sentences such as Durden’s that became final before that time would have until July 1, 2014, to file a jail credit claim. Therefore, the trial court erroneously dismissed Durden’s rule 3.801 motion as untimely. Accordingly, we reverse the order under review and remand this case to the trial court to consider Durden’s timely filed motion.
REVERSED and REMANDED.
SAWAYA, ORFINGER, and LAWSON, JJ., concur.
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Citator
Authorities Cited
- In re Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure, 132 So. 3d 734 (Fla. 2013)