DAVID E. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's summary denial of Jones's jail credit motion, holding that the motion was timely under the transitional provision for pre-July 1, 2013 sentences, but remanded for the defendant to cure the deficiency of a missing oath.
A jail credit motion filed within the transitional deadline of July 1, 2014 for sentences imposed before July 1, 2013 is timely, and a defendant must be given an opportunity to amend a facially deficient motion to add the requisite oath.
[1] A motion for jail credit under Florida Rule of Criminal Procedure 3.801 filed for a sentence imposed before July 1, 2013 is timely if filed on or before July 1, 2014, not…
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Join FLexlaw to unlock all legal intelligence“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”
The court cited the transitional provision in Rule 3.801(b) that extended the filing deadline for sentences imposed before July 1, 2013.
Jones's sentence became final on October 26, 2012, and he filed a Rule 3.801 motion for additional jail credit on November 4, 2013. The trial court su…
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We reverse the trial court’s order summarily denying David E. Jones’s motion for additional jail credit pursuant to Florida Rule of Criminal Procedure 3.801. Rule 3.801, which governs jail credit claims, requires the defendant to raise the claim within one year after the sentence becomes final. However, the rule further provides that “[f]or sentences imposed pri- or to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.” Fla. R. Crim. P. 3.801(b). Jones’s sentence became final on October 26, 2012, and he filed the rule 3.801 motion on November 4, 2013. Thus, as the State properly concedes, the provision applies, and the trial court erred in denying Jones’s motion as untimely. Nevertheless, the motion is deficient as it did not include the requisite oath pursuant to rule 3.801(c). Because the motion is compliant in all other respects, Jones is entitled to an opportunity to amend his motion pursuant to rule 3.801(e). 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) (providing that if motion is facially insufficient, trial court must give defendant 60 days to amend).
For these reasons, we reverse and remand with directions to the trial court to strike the rule 3.801 motion for failure to include the requisite oath, and afford Jones an opportunity to file an amended motion compliant with the rule.
REVERSED and REMANDED.
EVANDER and WALLIS, JJ., concur.
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Cappelletti v. State, 189 So. 3d 1052 (Fla. 2d DCA 2016)…nd with instructions for the postconviction court to strike Cappelletti’s motion for failure to include the requisite oath and afford him an opportunity to file an amended motion in compliance with the requirements of rule 3.801. See Jones v. State, 143 So. 3d 1102, 1103 (Fla. 5th DCA 2014) (holding that because Jones’ motion was compliant in all respects save an oath, he was entitled to an opportunity to amend pursuant to rule 3.801(e), which incorporates the provision in rule 3.850(f)(2) that if a motion is…