NICHOLAS BELANGER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Nicholas Belanger appealed the trial court's denial of his motion for additional jail credit under Florida Rule of Criminal Procedure 3.801. The Florida District Court of Appeal reversed, holding that the trial court abused its discretion by denying the facially insufficient motion without allowing amendment, as required by the rules.
The trial court erred by denying the motion without giving the defendant leave to amend. When a defendant files a timely but facially insufficient Rule 3.801 motion for the first time, the trial court must enter a nonfinal order allowing the defendant 60 days to amend the motion, as required by Rule 3.850(f)(2).
[1] A trial court must allow a defendant 60 days to amend a timely filed but facially insufficient motion for additional jail credit.
[2] A defendant is entitled to at least one opportunity to amend a facially insufficient motion for additional jail credit when it is their first attempt to file such a motio…
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Join FLexlaw to unlock all legal intelligence“the trial court should not have denied the motion and entered a final judgment advising the defendant that he had the right to file an appeal within thirty days of its rendition. Instead, the trial court should have entered "a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion."”
Establishes the mandatory procedural requirement that trial courts must follow when facing a timely but facially insufficient motion.
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Join FLexlaw to unlock all legal intelligenceBelanger filed a Rule 3.801 motion seeking additional jail credit for time spent in county jail prior to sentencing. The motion did not include all in…
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The defendant, Nicholas Belanger, appeals the denial of his Florida Rule of Criminal Procedure 3.801 motion for additional jail credit. Based on our review of the defendant’s motion, we agree with the trial court that the defendant’s motion fails to include all of the information required by rule 3.801(c).1 However, because this was the defendant’s first attempt to file such a motion, the trial court erred by denying the defendant’s motion without giving the defendant leave to amend his motion. Accordingly, we reverse the order under review to allow the defendant to file a facially sufficient rule 3.801 motion within sixty days of the issuance of this Court’s mandate.
We briefly address the procedure that should be followed by trial courts when a defendant files a timely but facially insufficient rule 3.801 motion that disputes the amount of credit given for the time the defendant spent in the county jail prior to sentencing. Rule 3.801(e) incorporates portions of rule 3.850, including subsection (f). Rule 3.850(f)(2) provides:
(f) Procedure; Evidentiary Hearing; Disposition. On filing of a motion under this rule, the clerk shall forward the motion and file to the court. Disposition of the motion shall be in accordance with the following procedures, which are intended to result in a single, final, appealable order that disposes of all claims raised in the motion.
(2) Timely but Insufficient Motions. If the motion is insufficient on its face, and the motion is timely filed under this rule, the court shall enter a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion. If the amended motion is still insufficient or if the defendant fails to file an amended motion within the time allowed for such amendment, the court, in its *138discretion, may permit the defendant an additional opportunity to amend the motion or may enter a final, appealable order summarily denying the motion with prejudice.
(Emphasis added).
Although the trial court concluded that the defendant’s timely-filed 3.801 motion was facially insufficient, it appears this was the defendant’s first attempt to file a facially sufficient rule 3.801 motion. Thus, the trial court should not have denied the motion and entered a final judgment advising the defendant that he had the right to file an appeal within thirty days of its rendition. Instead, the trial court should have entered “a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion.” Fla. R. Crim. P. 3.850(f)(2); see also Spera v. State, 971 So.2d 754, 761-62 (Fla.2007) (holding that, “When a defendant’s initial rule 3.850 motion for postconviction relief is determined to be legally insufficient for failure to meet either the rule’s or other pleading requirements, the trial court abuses its discretion when it fails to allow the defendant at least one opportunity to amend the motion,” and limiting its ruling to motions deemed facially insufficient to support relief).
Reversed.
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Gerson Juarez v. State, 215 So. 3d 89 (Fla. 3d DCA 2016)…ellant is entitled to no relief; or 2) permit appellant an opportunity to amend his motion to state legally sufficient claims, and for proceedings thereafter consistent with this opinion. Spera v. State, 971 So. 2d 754 (Fla.2007); Belanger v. State, 146 So. 3d 136 (Fla. 3d DCA 2014); Nottage v. State, 61 So. 3d 1231, 1232-33 (Fla. 3d DCA 2011).…
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Barrios v. State, 225 So. 3d 973 (Fla. 3d DCA 2017)…da Rule of Criminal Procedure 3.850(f)(2), which provides that where a timely, but facially insufficient motion is filed, “the court shall enter a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion”); Belanger v. State, 146 So. 3d 136, 137 (Fla. 3d DCA 2014) (“Based on our review of the defendant’s motion, we agree with the trial court that the defendant’s motion fails to include all of the information required by rule 3.801(c). However, because this was the defendant’s first att…
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Delorenzo v. State, 179 So. 3d 550 (Fla. 4th DCA 2015)…pent in jail from March 30, 2011 to June 8, 2011. We remand for further proceedings. If the trial court determines that appellant’s motion is facially insufficient, it should provide him sixty days to file an amended motion. See Belanger v. State, 146 So. 3d 136, 137-38 (Fla. 3d DCA 2014) (recognizing that the procedures of rule 3.850(f)(2) are incorporated by rule 3.801(e)); see also Spera v. State, 971 So. 2d 754, 761-62 (Fla.2007). Reversed and remanded with directions. GROSS, TAYLOR and MAY, JJ.,…
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- Spera v. State, 971 So. 2d 754 (Fla. 2007)