ROBERT SEAN MILLIORD
v.
STATE OF FLORIDA
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Robert Sean Milliord appeals the summary denial of his motion for jail credit for time spent in Indian River County jail related to Volusia County charges. The Fifth District Court of Appeal reversed because the trial court failed to attach necessary records supporting summary denial and may have misapplied precedent regarding jail credit for time served in another county.
A trial court summarily denying a Rule 3.801 motion must attach portions of the record that conclusively refute it. Additionally, under Elkins v. State, a defendant arrested in a foreign county on a warrant from another county may be entitled to credit for time spent in the foreign county, distinguishing the applicability of Gethers v. State.
[1] A circuit court must attach portions of the record that conclusively refute a Rule 3.801 jail credit motion in order to properly deny it summarily.
[2] A defendant arrested in a foreign county on a warrant from another county may be entitled to credit for time spent incarcerated in the foreign county.
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Join FLexlaw to unlock all legal intelligence“A circuit court summarily denying a rule 3.801 motion must attach portions of the record that conclusively refute it.”
Establishes the procedural requirement for summary denial of jail credit motions
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Join FLexlaw to unlock all legal intelligenceMilliord filed a Florida Rule of Criminal Procedure 3.801 motion requesting jail credit for time spent in Indian River County jail related to charges …
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September 27, 2024 PER CURIAM.
Robert Sean Milliord appeals the summary denial of his Florida Rule of Criminal Procedure 3.801 motion alleging entitlement to jail credit for the time spent in the Indian River County jail related to Volusia County charges against him. The trial court denied relief, stating to “the extent Defendant is requesting credit for a period that he served in another county, that request is denied.” The trial court, however, did not attach the necessary records to support summary denial. See MacNeill v. State, 301 So. 3d 471, 472 (Fla. 1st DCA 2020) (“A circuit court summarily denying a rule 3.801 motion must attach portions of the record that conclusively refute it.” (citation omitted)); see also Fla. R. Crim. P. 3.801(e) (incorporating inter alia Florida Rule of Criminal Procedure 3.850(f)). In addition, it appears that reliance on Gethers v. State, 838 So. 2d 504 (Fla. 2003), may need to be reassessed because that decision was distinguished in Elkins v. State, 884 So. 2d 499, 500 (Fla. 5th DCA 2004) (finding that when a defendant is arrested in a foreign county on a warrant from another county, the defendant may be entitled to credit for the time spent in the foreign county). We, therefore, reverse and remand for further proceedings.
REVERSED and REMANDED for further proceedings.
MAKAR, HARRIS, and SOUD, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Elkins v. State, 884 So. 2d 499 (Fla. 5th DCA 2004)