ANTHONY HOSKINS
v.
STATE OF FLORIDA
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Anthony Hoskins appealed the trial court's summary denial of his motion for additional jail credit under Florida Rule of Criminal Procedure 3.801. The trial court's order denying the motion failed to attach documents conclusively refuting Hoskins' claims, violating procedural requirements. The appellate court reversed and remanded for compliance with the rule.
The trial court's summary denial of the jail credit motion was reversible error because it failed to attach records conclusively refuting the defendant's claims, as required by rule. The case is reversed and remanded for the trial court to either hold an evidentiary hearing or attach records conclusively showing Hoskins is entitled to no relief.
[1] A trial court denying a Rule 3.801 motion for additional jail credit must either conduct an evidentiary hearing or attach to its order those portions of the case records…
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Join FLexlaw to unlock all legal intelligence“Pursuant to Florida Rule of Criminal Procedure 3.801(e), which incorporates Florida Rule of Criminal Procedure rule 3.850(f), the circuit court was required to attach records which conclusively refuted the defendant's motion seeking additional jail credit.”
Court citing Williams v. State regarding the mandatory procedural requirement for denying jail credit motions
Hoskins was sentenced to 30 months in prison with 52 days of jail credit following his fifth probation violation. Hoskins filed a 3.801 motion seeking…
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PER CURIAM.
After a fifth violation of probation, Appellant Anthony Hoskins was sentenced to 30 months in prison with 52 days of jail credit. Hoskins filed a Florida Rule of Criminal Procedure 3.801 motion seeking additional jail credit for time spent in jail following previous violations of probation.1 The trial court summarily denied the 3.801 motion. Its order failed to attach any documents refuting Hoskins’ claim. As the State concedes on appeal, this was reversible error, requiring remand.
“Pursuant to Florida Rule of Criminal Procedure 3.801(e), which incorporates Florida Rule of Criminal Procedure rule 3.850(f), the circuit court was required to attach records which conclusively refuted the defendant’s motion seeking additional jail credit.” Williams v. State, 141 So. 3d 686, 687 (Fla. 4th DCA 2014); Fla. R. Crim. P. 3.850(f)(5) (“If the denial is based on the records in the case, a copy of that portion of the files and records that conclusively shows that the defendant is entitled to no 1 Hoskins’ motion claims that he had previously been in jail multiple times for violations of probation, but had only been awarded jail credit for the last jail stay.
relief shall be attached to the final order.”).
As noted above, the State concedes that the trial court’s order does not comply with the Rule. Accordingly, we reverse and remand for an evidentiary hearing or for the attachment of records conclusively refuting Hoskins’ claim for additional jail credit.
Reversed and remanded. GERBER, C.J., FORST and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Citator
Cited By
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Utria v. State (Fla. 3d DCA 2019)
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Pettis v. State, 265 So. 3d 732 (Fla. 5th DCA 2019)
Authorities Cited
- Vashika Williams v. State, 141 So. 3d 686 (Fla. 4th DCA 2014)