VASHIKA WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court held that the circuit court erred by failing to attach records conclusively refuting the defendant's motion for additional jail credit.
The defendant moved for additional jail credit, which the circuit court denied, stating it had already accounted for the time. However, the court did …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
The defendant appeals the circuit court’s order denying her Florida Rule of Criminal Procedure 3.801(a) motion seeking additional jail credit. The state concedes that we should remand this case to the circuit court to provide the court with an opportunity to attach to its order records showing the defendant is not entitled to relief. We agree with the state’s concession and reverse and remand for such further proceedings.
The defendant’s motion argued that she is entitled to an additional forty days of credit for her time in the Broward County jail between January and March 2012. The circuit court denied the defendant’s motion, explaining that it already considered the jail records and calculated the amount of time served when it previously corrected her credit and awarded her 391 days of time served. However, the court did not attach to its order any records to show that its previous correction accounted for the additional forty days of credit which the defendant sought in the instant motion.
Pursuant to Florida Rule of Criminal Procedure 3.801(e), which incorporates Florida Rule of Criminal Procedure rule 3.850(f), the circuit court was required to attach records which conclusively refuted the defendant’s motion seeking additional jail credit. See Fla. R. Crim. 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 to no relief shall be attached to the final order.”). Because the court did not attach such records, we must reverse and remand this case to the circuit court to provide it with an opportunity to do so.
Reversed and remanded for further proceedings.
STEVENSON, MAY and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hoskins v. State, 259 So. 3d 892 (Fla. 4th DCA 2018)
-
McINTOSH v. State, 146 So. 3d 1291 (Fla. 1st DCA 2014)…s 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. PADOVANO, WETHERELL, and MAKAR, JJ., concur.…
-
Taylor v. State, 203 So. 3d 190 (Fla. 4th DCA 2016)…or the trial court contended that the motion was legally insufficient. The State now concedes that the trial court was required to attach records conclusively refuting appellant’s claim, or to conduct an evidentiary hearing. See Williams v. State, 141 So. 3d 686, 687 (Fla. 4th DCA 2014) (citing. Fla. R. Crim. P. 3.801(e), which incorporates the provisions of rule 3.850(f)). Accordingly, we reverse and remand for the trial court to follow this procedure. See Sims v. State, 190 So. 3d 688, 689 (Fla. 4th DCA 2…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence