MARK EVANS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE.
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Florida appellate court reversed summary denial of jail credit motion because the record failed to conclusively show the defendant waived entitlement to jail credit under section 921.161.
A trial court cannot summarily deny a jail credit motion without a record clearly establishing that the defendant waived entitlement to such credit.
[1] Jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly establishes that the defendant waived entitlement to such credit, and the…
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Join FLexlaw to unlock all legal intelligence“The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly shows that the defendant waived his or her entitlement to such credit.”
Establishing the legal standard for jail credit awards and the burden of proof for waiver
Mark Evans appealed a summary denial of his motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801.…
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Mark Evans appeals an order summarily denying his motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801. On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R. App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(D).
"The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly shows that the defendant waived his or her entitlement to such credit." Briggs v. State, 929 So.2d 1151, 1153 (Fla. 5th DCA 2006). A "waiver of jail credit will not be presumed and the state has the burden to clearly establish a waiver occurred." Id.; see also Ryan v. State, 837 So.2d 1075, 1076 (Fla. 3d DCA 2003). Because the record now before us fails to make the required showing, we reverse the order and remand for attachment of records conclusively showing that the appellant is not entitled to relief. Langdon v. State, 947 So.2d 460 (Fla. 3d DCA 2007). If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts, including a sentencing transcript and plea colloquy, conclusively showing that the appellant is not entitled to jail credit for time served.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Utria v. State (Fla. 3d DCA 2019)…ifically addresses Utria’s claim for the additional credits for presentencing jail time served. Critically, there is no indication in the plea agreement that Utria affirmatively waived her entitlement to additional jail credit. See Evans v. State, 237 So. 3d 1068 (Fla. 3d DCA 2017); Cozza v. State, 756 So. 2d 272, 273 (Fla. 3d DCA 2000); Cisneros v. State, 985 So. 2d 678, 679 (Fla. 4th DCA 2008); see also Smith v. State, 52 So. 3d 781, 783 (Fla. 3d DCA 2010) (holding a waiver of jail credit will not be presu…
Authorities Cited
- Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)
- Cleveland Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003)
- Briggs v. State, 929 So. 2d 1151 (Fla. 5th DCA 2006)