BLISS M. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the trial court erred by failing to attach portions of the record to support the denial of jail time credit.
The defendant filed a motion to correct an illegal sentence, seeking jail time credit. The trial court denied the motion without attaching supporting …
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PLEUS, J.
We have for review an order which denies a Rule 3.800(a) motion to correct an illegal sentence. The trial court failed to attach portions of the record to support the denial of jail time credit. Once a prima facie claim is asserted that the record shows an entitlement to jail time credit, the burden is on the trial court to attach portions of the record to refute the claim. See Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001); Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995). The state’s attempt to provide such documentation to this court in response to this court’s order to show cause does not cure the defect.1 See Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996).
The order denying the defendant, Bliss M. Thomas’, Rule 3.800(a) motion to correct an illegal sentence is reversed and remanded for the trial court to either attach portions of the record to support the denial of jail time credit or to award the proper credit.
REVERSED AND REMANDED.
SAWAYA, C.J., and PETERSON, J., concur. . We are concerned about the state’s response which appears to misstate the facts presented in their own attachments and apparently recognizes that their attachments reflect two different jail time credit periods and yet fails to point this fact out to the court or concede error.
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Cited By
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…id not attach portions of the record establishing that Frederick is not entitled to relief. Consequently, we remand this case to the trial court for attachment of portions of the record that conclusively refute Frederick’s claim.”); Thomas v. State, 854 So. 2d 743, 743-44 (Fla. 5th DCA 2003) (“Once a prima facie claim is asserted that the record shows an entitlement to jail time credit, the burden is on the trial court to attach portions of the record to refute the claim. The state’s attempt to provide such d…
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England v. State, 879 So. 2d 660 (Fla. 5th DCA 2004)…tes (1987). It does not show that the victim in England’s case was, in fact, a child. The burden is on the trial court to attach portions of the record conclusively refuting a facially sufficient claim in a rule 3.800(a) motion. See Thomas v. State, 854 So. 2d 743 (Fla. 5th DCA 2003).4 Neither can the condition requiring England to submit to physical and chemical examinations to determine any use of controlled drugs be upheld under any alternative analysis. Drug testing was not added as a general condition o…
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Brooks v. State, 913 So. 2d 731 (Fla. 5th DCA 2005)…o the trial court to either attach portions of the record to support the denial of jail credit or to award the proper credit. See Friss v. State, 881 So. 2d 38 (Fla. 5th DCA 2004); Walsh v. State, 866 So. 2d 162 (Fla. 5th DCA 2004); Thomas v. State, 854 So. 2d 743 (Fla. 5th DCA 2003). REVERSED and REMANDED with instructions. PETERSON and PALMER, JJ., concur.…
Authorities Cited
- Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995)
- Pagan v. Pagan, 661 So. 2d 139 (Fla. 5th DCA 1995)
- Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996)
- Staggs v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996)
- Rydell Delarion Hopkins v. State, 799 So. 2d 343 (Fla. 1st DCA 2001)
- Delbert Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001)