ALEXANDER PATTERSON, 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 court held that the postconviction court erred in applying Florida Rule of Criminal Procedure 3.801 to a claim for out-of-state jail credit, which should have been treated under Rule 3.850.
[1] Claims for out-of-state jail credit are not cognizable in a motion filed under Florida Rule of Criminal Procedure 3.800(a) and must be raised under Florida Rule of Crimin…
[2] A trial court must treat a claim filed in an incorrectly styled postconviction motion as if it had been filed in a properly styled motion.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAlexander Patterson sought jail credit for time spent in New York jail. The postconviction court dismissed his motion, incorrectly applying Rule 3.801…
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.
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.801 cases and more on FLexlaw
Alexander Patterson appeals the summary dismissal of his motion for jail credit filed under Florida Rule of Criminal Procedure 3.800(a). Patterson sought credit against his prison sentence for time spent in jail in New York. Because the trial court based its dismissal on the erroneous application of Florida Rule of Criminal Procedure 3.801, we reverse the dismissal order and remand for further proceedings.
Patterson pleaded no contest to lewd and lascivious battery on a child older than twelve but under sixteen years of age and was originally sentenced to fifty-one months in prison followed by ten years’ probation. Following the revocation of his probation, he was sentenced to 85.65 months in prison. Pursuant to the plea agreement, he was awarded 150 days of jail credit.
In his current motion, Patterson claims that he is entitled to an additional award of out-of-state jail credit for time spent in jail in New York. The postconviction court treated the motion as though it were raised under newly adopted rule 3.801. The court found that Patterson had previously litigated a claim for jail credit in an earlier rule 3.800(a) motion and that he had negotiated his plea agreement to include credit for time spent in jail from October 25, 2011, until he was sentenced. The court further found that although Patterson’s motion was facially insufficient under rule 3.801, he was not entitled to an opportunity to amend because there was no manifest injustice and the claim was therefore procedurally barred as successive.1
We first hold that the postconviction court erred in treating Patterson’s claim for out-of-state jail credit as one filed under rule 3.801. In Gisi v. State, 135 So.3d 493, 495 (Fla. 2d DCA 2014), we held that “[ajlthough the court commentary to rule 3.801 states that ‘[a]ll jail credit issues must be handled pursuant to this rule,’ the rule does not apply to claims of jail credit for the time a defendant was incarcerated outside the state while awaiting sentencing.” Instead, claims of entitlement to out-of-state jail credit must be raised in a timely motion under rule 3.850. See id. at 495, 496 (“[R]ule 3.801 can be used only to seek jail credit for time spent in Florida jails before sentencing.”); see also Wombaugh v. State, 25 So.3d 707, 709 (Fla. 2d DCA 2010) (holding that claims for out-of-state jail credit are not cognizable in a rule *7098.800(a) motion and must be raised under rule 8.850); Garnett v. State, 957 So.2d 32, 33 (Fla. 2d DCA 2007) (en banc) (same). Hence, the postconviction court should have treated Patterson’s claim as if it had been filed in a properly styled motion under rule 3.850. See Gill v. State, 829 So.2d 299, 300 (Fla. 2d DCA 2002) (“Where a movant files a properly pleaded claim but incorrectly styles the postconviction motion in which it was raised, the trial court must treat the claim as if it had been filed in a properly styled motion.”). And considering the motion as such, it is not procedurally barred either by the doctrine of collateral estoppel under rule 3.800(a), see State v. McBride, 848 So.2d 287, 291 (Fla.2003), or as successive under rule 3.801, see Fla. R. Crim. P. 3.801(d).
Moreover, had the postconviction court treated Patterson’s motion as one filed under rule 3.850, he would have been entitled to amend his facially insufficient claim because the motion was filed within the two-year time limit of rule 3.850. See Wombaugh, 25 So.3d at 709; Garnett, 957 So.2d at 33 n. 1. Because the postconviction court should have treated the claim as if it had been filed in a proper rule 3.850 motion, Patterson must be given an opportunity to amend the motion, if he can do so in good faith. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754, 762 (Fla.2007). And because the record before this court indicates that Patterson has not previously filed a rule 3.850 motion raising such a claim, on remand, the motion should not be considered successive.
Accordingly, we reverse the order of the postconviction court and remand with directions for the postconviction court to permit Patterson to file a facially sufficient rule 3.850 motion for out-of-state jail credit within sixty days of the date that this opinion becomes final. Finally, because the Department of Corrections website indicates that Patterson has a current release date of October 1, 2014, we encourage the postconviction court to expedite its proceeding on remand.
Reversed and remanded with directions.
LaROSE and SLEET, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Huff v. State, 163 So. 3d 1251 (Fla. 5th DCA 2015)…s that conclusively show that the defendant is not entitled to relief shall be attached to the final order.” (citation omitted)). Second, a rule 3.801 motion can address correction of jail credit only for instate incarceration. Patterson v. State, 141 So. 3d 707, 708 (Fla. 2d DCA 2014) (holding that a claim of entitlement for out-of-state jail credit must be raised in a rule 3.850 motion (citing Gisi v. State, 135 So. 3d 493, 496 (Fla. 2d DCA 2014))). Thus, the trial court erred when it addressed Appellant’…
-
Primavera v. State, 210 So. 3d 91 (Fla. 2d DCA 2016)…19, 2013, and Primavera filed his motion on September 11, 2015. Thus, the motion was timely filed. Under rule 3.850, a movant is entitled to amend his motion to state a facially sufficient claim if he can do so in good faith. See Patterson v. State, 141 So. 3d 707, 709 (Fla. 2d DCA 2014) (holding that because the postconviction court should have treated Patterson’s motion as if it had been filed under rule 3.850, he had to be given an opportunity to amend the motion pursuant to rule 3.850(f)(2) if he could do…
-
Thaddeus Terrell v. State (Fla. 2d DCA 2021)…rial court must treat the claim as if it had been filed in a properly styled motion."). Accordingly, the postconviction court should have given - 3 - Terrell the opportunity to file a facially sufficient rule 3.850 motion. See Patterson v. State, 141 So. 3d 707, 708–09 (Fla. 2d DCA 2014). We therefore reverse the postconviction court’s order and remand with directions for the postconviction court to permit Terrell to file a facially sufficient rule 3.850 motion for out-of-state jail credit within sixty day…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
- Jenkins v. State, 957 So. 2d 32 (Fla. 1st DCA 2007)
- Gill v. State, 829 So. 2d 299 (Fla. 2d DCA 2002)
- Gisi v. State, 135 So. 3d 493 (Fla. 2d DCA 2014)
- Wombaugh v. State, 25 So. 3d 707 (Fla. 2d DCA 2010)