RICHARD PETTIS, III
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court cannot summarily deny a motion for additional jail credit without either attaching records that conclusively refute the claim, granting the motion, or conducting an evidentiary hearing.
[1] A trial court may not summarily deny a motion for additional jail credit without either attaching records that conclusively refute the claim, granting the motion, or cond…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceRichard Pettis, III filed a motion seeking additional jail credit. The trial court summarily denied the motion without attaching records conclusively …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion For Additional Jail Credit cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
RICHARD PETTIS, III,
Appellant,
v. Case No. 5D18-3600
STATE OF FLORIDA,
Appellee. ________________________________/
Opinion filed March 8, 2019
3.801 Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge.
Richard Pettis, III, Malone, pro se.
No Appearance for Appellee.
PER CURIAM.
Richard Pettis, III, appeals an order summarily denying his motion seeking additional jail credit. See Fla. R. Crim. P. 3.801. Because the trial court failed to attach records conclusively refuting Pettis’ claim, we reverse. See Hoskins v. State, 259 So. 3d 892 (Fla. 4th DCA 2018). On remand, the trial court shall either grant Pettis’ motion, conduct an evidentiary hearing thereon, or attach portions of the record that conclusively refute the claim for additional jail credit. Shepman v. State, 249 So. 3d 1318 (Fla. 5th DCA 2018).
REVERSED and REMANDED. EVANDER, CJ., ORFINGER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hoskins v. State, 259 So. 3d 892 (Fla. 4th DCA 2018)
- Wendi Michelle Shepman v. State, 249 So. 3d 1318 (Fla. 5th DCA 2018)