KEYAMBAY LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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KELLY, Judge.
Keyambay Lee seeks review of the order summarily denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He alleges that he was arrested on April 3, 2003, for failure to appear in Pinellas County case number 02-20896 and was subsequently-charged with another failure to appear in Pinellas County case number 03-14627 for failing to attend a pretrial conference in Pinellas County case number 02-20896. He was released on bond on September 4, 2003. The State concedes that Lee is entitled to 155 days’ jail credit for time served against his sentence in Pinellas County case number 03-14627. Accordingly, we reverse and remand for the trial court to award Lee 155 days’ jail credit in Pinellas County case number 03-14627.
WHATLEY and SALCINES, JJ., concur.
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Bronk v. State, 25 So. 3d 701 (Fla. 2d DCA 2010)…peal, we became concerned that Mr. Bronk had alleged a valid claim even though he had cited no case law that was directly on point. Accordingly, we asked the State to respond. The State responded and disclosed this court’s decision in Lee v. State, 890 So. 2d 1292 (Fla. 2d DCA 2005), which squarely supports Mr. Bronk’s claim. The State also recognized that the doctrine of law of the case did not prevent an award of additional jail credit at this time. This court acknowledges and appreciates the professionalis…
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Riviere v. State, 965 So. 2d 845 (Fla. 2d DCA 2007)…rtheless, because Riviere’s motion was properly sworn and otherwise met the requirements of rule 3.850, the postconviction court should not have denied it but rather should have treated it as a motion filed pursuant to that rule. See Snell v. State, 890 So. 2d 1292 (Fla. 2d DCA 2005); Rinderer v. State, 857 So. 2d 955 (Fla. 4th DCA 2003). Accordingly, we reverse the postconviction court’s order and remand for reconsideration pursuant to rule 3.850. If the court again denies the motion, it shall attach portions…
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Richie v. State, 959 So. 2d 433 (Fla. 2d DCA 2007)…State, 857 So. 2d 955 (Fla. 4th DCA 2003) (remanding the denial of a motion to correct sentence to the postconviction court to reconsider as if filed under rule 3.850 because the motion was sworn and timely under'the rule); see also Snell v. State, 890 So. 2d 1292 (Fla. 2d DCA 2005). Accordingly, we reverse the denial of Richie’s claim and remand. On remand, the postconviction court shall attach portions of the record that conclusively refute Richie’s claim or, if necessary, hold an evidentiary hearing. ■…
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