VICTOR GARRETT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Affirmed denial of jail credit motion because it was untimely filed more than one year after sentencing and was successive.
A jail credit motion filed more than one year after sentencing becomes final is untimely and successive motions are barred under Florida Rule of Criminal Procedure 3.801.
[1] A motion to correct jail credit under Florida Rule of Criminal Procedure 3.801 must be filed within one year after the sentence becomes final, and successive jail credit…
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Join FLexlaw to unlock all legal intelligenceVictor Garrett appealed a trial court's denial of his motion to correct jail credit, which he filed on June 21, 2017, more than one year after his sen…
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Victor Garrett appeals the trial court’s order denying his Florida Rule of Criminal Procedure 3.801 motion to correct- his jail credit.1 We affirm because on the face of the record Garrett’s sentence became final on May 7, 2016, and his June 21, 2017 jail credit motion was untimely. See Fla. R. Crim. P. 3.801(b) (‘‘No motion shall be filed or considered pursuant to this rule if filed more than 1 year after -the sentence becomes final.”). We also affirm because in his memorandum brief Garrett conceded he filed a previous jail credit motion that was denied on the merits, making this most-recent motion successive. See Id. R. 3.801(d) (“No successive motions for jail credit will be considered.”).
Affirmed.
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Citator
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Bryant v. State, 240 So. 3d 55 (Fla. 3d DCA 2018)…consecutive sentences.”). Further noting that his life sentences were parole eligible, the trial court referred Bryant to the Florida Parole Commission and the Florida Department of Corrections with any issues regarding parole. 2 Garrett v. State, 229 So. 3d 416, 416 n.1 (Fla. 3d DCA 2017) (“Although Garrett labeled his motion as a motion to correct illegal sentence pursuant to Rule 3.800(a), the trial court properly treated it as a jail credit motion under Rule 3.801 ---PAGE 3--- nevertheless untimely.…
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Rodriguez v. State (Fla. 3d DCA 2025)
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Demarest v. State, 264 So. 3d 149 (Fla. 2d DCA 2019)
Authorities Cited
- In re Amendments to the Florida Rules of Criminal Procedure, 204 So. 3d 944 (Fla. 2016)