OCTAVIA MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Octavia Mathis appeals a circuit court order that summarily denied her motion for jail time credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The September 2013 motion should have been filed under the newly-enacted Florida Rule of Criminal Procedure 3.801, which became effective on July 1, 2013. Considering rule 3.801, appellant’s motion is timely and it contains the requisite oath. However, it did not comply with the requirements of rule 3.801. Notably, appellant failed to address whether she waived any jail credit at sentencing, particularly in light of her plea. See Fla. R.Crim. P. 3.801(c)(5). See also Johnson v. State, 60 So.3d 1045, 1051 (Fla.2011).
Consequently, we affirm without prejudice for appellant to file a sworn and legally sufficient rule 3.801 motion within the time remaining under the rule. Fla. R.Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”).
Affirmed without prejudice.
WARNER, CIKLIN and CONNER, JJ., concur.
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Brasher v. State, 160 So. 3d 107 (Fla. 4th DCA 2015)…PER CURIAM. Affirmed without prejudice to appellant filing a sworn and legally sufficient motion under Florida Rule of Criminal Procedure 3.801. See Mathis v. State, 139 So. 3d 988 (Fla. 4th DCA 2014); Casteel v. State, 141 So. 3d 624 (Fla. 4th DCA 2014). Thereafter, appellant can revisit the legality of his sentence. See, e.g., McLeod v. State, 58 So. 3d 931 (Fla. 5th DCA 2011); Lawson v. State, 46 So. 3d 1189, 1190 (Fla. 2d…
Authorities Cited
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)