MATTHEW WAYNE HURLBURT
v.
STATE OF FLORIDA
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A circuit court summarily denying a Rule 3.801 motion for jail credit must attach portions of the record that conclusively refute the motion.
[1] A circuit court summarily denying a Rule of Criminal Procedure 3.801 motion must attach portions of the record that conclusively refute the motion to satisfy procedural r…
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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.”
Court citing MacNeill v. State, 301 So. 3d 471, 472 (Fla. 1st DCA 2020) for the required procedure.
Appellant Hurlburt filed a Florida Rule of Criminal Procedure 3.801 motion seeking jail credit. The trial court summarily denied the motion without me…
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PER CURIAM.
Matthew Wayne Hurlburt (“Appellant”) appeals the summary denial of his Florida Rule of Criminal Procedure 3.801 motion alleging entitlement to jail credit. In its order, the trial court concluded the motion was without merit, but did not attach the necessary records to the order. 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)). We therefore reverse and remand for further proceedings.
REVERSED and REMANDED for further proceedings.
WALLIS, EISNAUGLE, and PRATT, JJ., concur. _____________________________