JAKALL WALDEN, 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.
The court affirmed the denial of post-sentencing jail credit claims but reversed the summary denial of a pre-sentencing jail credit claim, remanding for the trial court to address the merits or provide record evidence supporting denial.
A trial court must address the merits of a jail credit claim or attach record excerpts demonstrating the defendant is not entitled to relief, rather than summarily denying it.
[1] A trial court must not summarily deny a motion for jail credit but must either address the merits or attach record excerpts conclusively demonstrating the defendant is no…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJakall Walden was detained in Broward County Jail on February 2, 2000, and sentenced on April 5, 2001, in an armed robbery case. He filed motions seek…
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 Motion For Jail Credit cases and more on FLexlaw
Jakall Walden appeals a trial court order denying his two motions for jail time credit. We affirm the denial of his claims for credit following sentencing, without prejudice to his right to exhaust administrative remedies with the Department of Corrections, and then, if unsuccessful, to seek mandamus in the circuit court. Cunningham v. State, 932 So.2d 1202 (Fla. 4th DCA 2006).
We reverse the trial court’s summary denial of his other claim, however, in which he sought jail credit for time from his detention February 2, 2000, in Broward County Jail until his sentencing on April 5, 2001, in Case No. 00-824 CF10B, his prosecution for armed robbery. We find appellant’s claim legally sufficient under Toro v. State, 719 So.2d 947, 948 (Fla. 4th DCA 1998) (holding that the motion must contain allegations where in the record information supporting the claim of jail credit can be located and explain how the record demonstrates entitlement to the relief requested). We remand for further proceedings. If the trial court should again summarily deny relief on this claim, it shall attach record excerpts conclusively showing that appellant is not entitled to any relief.
Affirmed in part, reversed and remanded in part.
FARMER, TAYLOR and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)
- Cunningham v. State, 932 So. 2d 1202 (Fla. 4th DCA 2006)