JERRY COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jerry Collins appealed the denial of his motion for jail time credit, claiming he was entitled to additional jail time credit in a felony case because his bond was allegedly revoked while he was incarcerated. The court affirmed the trial court's denial, finding that attached records refuted Collins' claim that his bond had been revoked.
The court affirmed the trial court's denial of the jail time credit motion, finding that attached records refuting Collins' bond revocation claim supported the trial court's decision. However, the affirmance was without prejudice to Collins' right to file a Rule 3.850 motion for postconviction relief if he believed the records were inaccurate.
[1] A defendant is entitled to jail time credit for the period they are continuously incarcerated and their bond has been revoked in a particular case.
[2] A trial court may deny a motion for jail time credit if the attached records clearly refute the defendant's claim of revoked bond.
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Join FLexlaw to unlock all legal intelligence“the attached records appear to refute Collins' claim”
The basis for the trial court's denial and the appellate court's affirmance—records showing bond was not revoked
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Join FLexlaw to unlock all legal intelligenceCollins was arrested on felony and misdemeanor charges in three separate cases between May 1999 and June 2000, and was released on bond in each case. …
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FULMER, Judge.
Jerry Collins appeals the summary denial of his motion for jail time credit filed pursuant to Florida Rule of Criminal Procedure 3.800. On May 9,1999, Collins was arrested on a felony charge in case number 99-1138 and was released on bond the same day. On June 2, 1999, and June 26, 2000, he was arrested in different unrelated cases on misdemeanor charges (case numbers 99-2888 and 00-3588, respectively). He was released on bond in those cases.
From January 7, 2001, to June 4, 2001, Collins was in jail continuously, first in Collier County and then in Pasco County (approximately 150 days). The reason for this stay in jail does not explicitly appear in the record. On June 4, 2001, Collins was sentenced on both misdemeanor cases (99-2888 and 00-3588) to time served, which on the sentencing order for 99-2888 is indicated as 150 days. On September 4, 2001, Collins was sentenced in his felony case (99-1138) to one year of county jail time followed by one of year probation. He also received one day of credit for jail time served.
Collins claims that his bond was revoked in case number 99-1138 while he was in jail from January 7 to June 4, 2001, and that he is, therefore, entitled to an additional 149 days of credit in 99-1138. The trial court denied relief on this claim, attaching records that indicate that Collins was released on bond in case number 99-1138 until sentencing and that this bond was not revoked.
We affirm the trial court’s order because the attached records appear to refute Collins’ claim. Our affirmance is, however, without prejudice to Collins’ right to file under rule 3.850 a timely and facially sufficient motion for postconviction relief if he believes that the records provided by the trial court are inaccurate. See King v. State, 809 So. 2d 893 (Fla. 2d DCA 2002).
GREEN and DAVIS, JJ., concur.
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Citator
Authorities Cited
- King v. State, 809 So. 2d 893 (Fla. 2d DCA 2002)
- Norman v. State, 809 So. 2d 893 (Fla. 2d DCA 2002)