GHONEIM
v.
STATE OF FLORIDA
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When a defendant files a properly pleaded claim for out-of-state jail credit but incorrectly styles it under rule 3.801 instead of rule 3.850, the trial court must treat the claim as if filed under the correct rule and permit amendment if filed within the two-year time limit.
[1] When a defendant files a properly pleaded postconviction claim but incorrectly styles the motion under the wrong rule of criminal procedure, the trial court must treat th…
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Join FLexlaw to unlock all legal intelligence“Where a movant files a properly pleaded claim but incorrectly styles the postconviction motion in which it was raised, the trial court must treat the claim as if it had been filed in a properly styled motion.”
Court citing Gill v. State, 829 So. 2d 299, 300 (Fla. 2d DCA 2002) to establish the procedural requirement.
Ghoneim filed a motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801, arguing he was entitled to credit for time spent …
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
EHAB MOUSTAFA GHONEIM,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2025-0350
January 16, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Keith Meyer, Judge.
Ehab Moustafa Ghoneim, pro se.
SILBERMAN, Judge. Ehab Moustafa Ghoneim appeals the order summarily denying his motion for correction of jail credit filed under Florida Rule of Criminal Procedure 3.801. We reverse and remand for further proceedings. In his rule 3.801 motion, Ghoneim argued that he is entitled to receive credit for time he spent in jail in Cook County, Illinois. The postconviction court summarily denied the motion, concluding that generally out-of-state credit must be raised in a rule 3.850 motion.
2
Out-of-state credit is not credit that a defendant is entitled to as a matter of law. See Kronz v. State, 462 So. 2d 450, 451 (Fla. 1985); McRae v. State, 820 So. 2d 1048, 1049 (Fla. 2d DCA 2002) (en banc). The postconviction court correctly concluded that the proper vehicle for a defendant seeking out-of-state jail credit is a timely motion for postconviction relief under rule 3.850. See Garnett v. State, 957 So. 2d 32, 33 (Fla. 2d DCA 2007) (en banc) ("If a defendant is seeking out-ofstate jail credit in a postconviction proceeding, it would appear that the proper method to seek such relief would normally require a timely allegation of ineffective assistance of trial counsel under rule 3.850."). However, the postconviction court should have treated the claim for outof-state jail credit as if it had been filed under the correct rule. See Gill v. State, 829 So. 2d 299, 300 (Fla. 2d DCA 2002) ("Where a movant files a properly pleaded claim but incorrectly styles the postconviction motion in which it was raised, the trial court must treat the claim as if it had been filed in a properly styled motion.").
Moreover, had the postconviction court treated the motion as one filed under rule 3.850, Ghoneim would have been entitled to amend his facially insufficient claim because the motion was filed within the twoyear time limit of rule 3.850(b). Because the postconviction court should have treated the claim as if it had been filed in a proper rule 3.850 motion, Ghoneim must be given an opportunity to amend the motion, if he can do so in good faith. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So. 2d 754, 761 (Fla. 2007). Accordingly, we reverse the postconviction court's order and remand with directions for the postconviction court to permit Ghoneim to file a facially sufficient rule 3.850 motion for out-of-state jail credit within sixty days of the date that this opinion becomes final.
3
Reversed and remanded with directions. MORRIS and ROTHSTEIN-YOUAKIM, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Gill v. State, 829 So. 2d 299 (Fla. 2d DCA 2002)
- McRAE v. State, 820 So. 2d 1048 (Fla. 2d DCA 2002)