WILLIAM J. MANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2015-04-02
No. 1D14-5154
Wolf, J., Benton, J., Ray, J.
160 So. 3d 554 Florida District Court of Appeal, First District (2015) Positive Treatment
Cited by 6 cases

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Synopsis

Court reversed denial of jail credit motion because trial court failed to follow procedural requirements under Rule 3.801, either by attaching refuting records or allowing amendment of facially insufficient pleading.

Holding

A trial court must either attach records refuting a jail credit claim or grant a defendant opportunity to amend a facially insufficient Rule 3.801 motion.

Headnotes

[1] A trial court denying a facially insufficient Rule 3.801 jail credit motion must either attach portions of the record refuting the defendant's claims or grant the defenda…

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Facts & Procedural History

Appellant sought 1525 days of additional jail credit and provided his sentence date and dates for which he sought credit, but failed to allege other r…

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Topics
Opportunity To Amend Motion Practice Rules Of Criminal Procedure Rules

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant appeals the denial of his motion seeking jail credit filed pursuant to Florida Rule of Criminal Procedure 3.801. We reverse and remand.

The appellant seeks 1525 days of additional jail credit, and provides the date of his sentence and the dates for which he seeks credit. However, he has not alleged any of the other facts which must be included in a facially sufficient rule 3.801 motion. See Fla. R. Crim. P. 3.801(c). Pursuant to rule 3.801, a defendant is entitled to one chance to amend his motion to state a facially sufficient claim unless the record refutes the claim. 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) (if the motion is facially insufficient, the trial court must give a defendant 60 days to amend). Here, the trial court denied relief on the merits, but did so without attaching any records supporting the denial. See Fla. R. Crim. P. 3.801(e) (incorporating Florida Rule of Criminal Procedure 3.850(f)); Fla. R. Crim. P. 3.850(f)(5) (trial court must attach portions of the record refuting appellant’s claims). Therefore, we reverse and remand for the trial court to either attach records which refute the appellant’s claim or to grant him the opportunity to amend his facially insufficient claim.

REVERSED and REMANDED with directions.

WOLF, BENTON, and RAY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Daymon v. State, 172 So. 3d 566 (Fla. 5th DCA 2015)
    …attach portions of record refuting defendant’s claims). Therefore, we reverse and remand for the trial court .to either attach records that refute Daymon’s claim or .grant him the opportunity to amend his facially insufficient claim. Mann v. State, 160 So. 3d 554, 555 (Fla. 1st DCA 2015). REVERSED and REMANDED with directions. SAWAYA, ORFINGER and COHEN, JJ., concur.…
  • Mann v. State, 177 So. 3d 702 (Fla. 1st DCA 2015)
    …appeal, this Court reversed and remanded with instructions for the trial court to either attach records refuting the appellant’s claim or enter an order providing the appellant with leave to amend his facially insufficient motion. See Mann v. State, 160 So. 3d 554, 555 (Fla. 1st DCA 2015). On remand, the trial court provided the appellant with an opportunity to amend. Instead of filing an amended motion seeking jail credit, the appellant filed the instant rule 3.800(a) motion, seeking credit for time previou…
  • Vickery v. State, 187 So. 3d 956 (Fla. 1st DCA 2016)
    …801(e) Appellant is entitled to the opportunity to amend the motion within a reasonable time period. We therefore reverse and remand for the trial court to grant Appellant the opportunity to amend his facially insufficient motion. See Mann v. State, 160 So. 3d 554 (Fla. 1st DCA 2015). REVERSED and REMANDED. LEWIS, THOMAS, and MAKAR, JJ., concur.…

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