LESAMUEL PALMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Palmer appealed the summary denial of his rule 3.850 motion claiming ineffective assistance of counsel during revocation of community control proceedings. The appellate court affirmed the denial of most grounds but reversed and remanded the portion of ground five concerning entitlement to foreign jail time credit, allowing Palmer to amend his pleading.
The court affirmed the denial of grounds one through four and the denial of the sentencing objection portion of ground five, but reversed the summary denial of the foreign jail time credit portion of ground five, concluding that while cognizable, the claim was not facially sufficient and Palmer should be given leave to amend.
[1] A claim for credit for time spent in custody in another jurisdiction is cognizable in a rule 3.850 motion.
[2] A defendant must include all necessary allegations to state a facially sufficient claim for relief when seeking credit for time spent in custody in another jurisdiction.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While such a claim is cognizable in a rule 3.850 motion, Palmer's motion failed to contain all the allegations necessary to state a facially sufficient claim for relief.”
Establishes that foreign jail credit claims are procedurally proper but Palmer's pleading was insufficient
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLeSamuel Palmer filed a rule 3.850 motion raising five grounds for ineffective assistance of counsel related to his revocation of community control pr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Rule 3.850 Motion For Post-Conviction Relief cases and more on FLexlaw
PER CURIAM.
LeSamuel Palmer has appealed the summary denial of his rule 3.850 motion, alleging ineffective assistance of counsel during his revocation of community control proceedings. We affirm in part and reverse in part.
We affirm, without comment, the denial of grounds one through four of Palmer’s rule 3.850 motion and that portion of ground five alleging that counsel was ineffective in failing to object to the fifteen-year sentence imposed upon the revocation of community control. In ground five, though, Palmer also made the further claim that he was entitled to credit for time spent in custody in Georgia. While such a claim is cognizable in a rule 3.850 motion, Palmer’s motion failed to contain all the allegations necessary to state a facially sufficient claim for relief. See Gomez v. State, 984 So. 2d 577, 580 (Fla. 4th DCA 2008) (holding claim for foreign jail credit should be raised on direct appeal or in a timely rule 3.850 motion); Krause v. State, 857 So. 2d 343 (Fla. 1st DCA 2003) (addressing pleading requirements for claim of entitlement to foreign jail time credit). Nonetheless, and as conceded by the State in response to our earlier show cause order, Palmer should have been afforded leave to amend this portion of ground five so as to state a legally sufficient claim. See Spera v. State, 971 So. 2d 754, 761 (Fla.2007). Thus, we reverse the summary denial of that portion of ground five alleging entitlement to foreign jail time credit and remand with instructions that the trial court strike this portion of ground five with leave for Palmer to amend such claim within a specific period of time. Id.
Affirmed in part; reversed in part; and remanded.
KLEIN, STEVENSON and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lesamuel Palmer v. State, 67 So. 3d 1178 (Fla. 4th DCA 2011)…denial of appellant’s Rule 3.800(a) motion which sought additional presentence jail credit. Appellant failed to timely file an amended Rule 3.850 motion seeking discretionary out-of-state jail credit following this court’s remand in Palmer v. State, 993 So. 2d 1107 (Fla. 4th DCA 2008). Appellant cannot seek discretionary jail credit in a Rule 3.800(a) motion. See Gomez v. State, 984 So. 2d 577 (Fla. 4th DCA 2008). Appellant’s claim seeking credit for time spent on community control is without merit. See § 948…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Simpson v. Est. OF Roosevelt Norton, 984 So. 2d 577 (Fla. 3d DCA 2008)
- Krause v. State, 857 So. 2d 343 (Fla. 1st DCA 2003)