DEOL NARAYAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Deol Narayan appeals the trial court's summary denial of his motion for jail credit filed under Florida Rule of Criminal Procedure 3.801. The appellate court reversed, holding that the trial court erroneously denied the motion as untimely when the defendant was entitled to a one-year grace period under an amended version of rule 3.801 for sentences that became final before July 1, 2013.
The trial court erred in denying the motion as untimely. For sentences imposed prior to July 1, 2013, rule 3.801 was amended to provide a grace period allowing defendants to file jail credit motions on or before July 1, 2014. The defendant's January 28, 2014 filing was timely under this amended rule.
[1] A motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.801 is timely if filed within one year of the rule's effective date for sentences imposed…
[2] Florida Rule of Criminal Procedure 3.801 is the exclusive post-conviction remedy for seeking jail credit.
Previewing 2 of 4 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“Because of confusion as to whether defendants whose sentences became final prior to July 1, 2013, were precluded from filing rule 3.801 motions, the rule was later amended to state that, for sentences imposed prior to July 1, 2013, a rule 3.801 motion may be filed on or before July 1, 2014.”
Establishes the grace period extended by amendment for pre-July 1, 2013 sentences
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Join FLexlaw to unlock all legal intelligenceNarayan pleaded guilty to two counts of robbery with a firearm on January 19, 2010. On December 9, 2013, he filed a motion to correct his illegal sent…
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Deol Narayan (defendant) appeals the trial court’s order summarily denying his motion for jail credit, filed pursuant to Florida Rule of Criminal Procedure 3.801. Because the trial court erroneously denied the motion as being untimely, we reverse.
On January 19, 2010, the defendant pled guilty to two counts of robbery with a firearm. On December 9, 2013, he filed a motion to correct his illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800(a). On January 28, 2014, the defendant filed a motion for leave of court to amend his pending 3.800(a) motion in order to comply with Florida Rule of Criminal Procedure 3.801. That day, the defendant filed an amended motion for correction of jail credit pursuant to rule 3.801. The trial court denied the amended motion, concluding that it was untimely filed. The trial court cited rule 3.801(b), which has a one-year deadline for filing motions for jail credit.
The effective date of rule 3.801 was July 1, 2013. Because of confusion as to whether defendants whose sentences became final prior to July 1, 2013, were precluded from filing rule 3.801 motions, the rule was later amended to state that, for sentences imposed prior to July 1, 2013, a rule 3.801 motion may be filed on or before July 1, 2014. Rule 3.800(a) was also amended to remove any reference to jail credit. Thus, rule 3.801 is the exclusive post-conviction remedy available for seeking jail credit, and defendants whose sentences became final prior to July 1, 2013, have a grace period of one year to file any jail credit claims. Therefore, as the State properly concedes, the trial court erred in denying the defendant’s motion as untimely.
Accordingly, we reverse the trial court’s order denying the defendant’s rule 3.801 motion. Because said motion must be filed under oath, and because rule 3.801(e) in*740corporates rule 3.850(f), which requires the court to allow the defendant at least one opportunity to amend a timely but insufficient motion, we remand to the court to give the defendant the opportunity to refile his motion under oath.
REVERSED and REMANDED.
TORPY, C.J., PALMER and BERGER, JJ., concur.
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Bryant v. State, 240 So. 3d 55 (Fla. 3d DCA 2018)…a jail credit motion under Rule 3.801 ---PAGE 3--- nevertheless untimely. See Fla. R. Crim. P. 3.801 (“No motion shall be filed or considered pursuant to this rule if filed more than 1 year after the sentence becomes final.”); Narayan v. State, 149 So. 3d 739, 739 (Fla. 5th DCA 2014) (“[R]ule 3.801 is the exclusive post-conviction remedy available for seeking jail credit, and defendants whose sentences became final prior to July 1, 2013, have a grace period of one year to file any jail credit claims.”…
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Deol Narayan v. State, 151 So. 3d 552 (Fla. 5th DCA 2014)…PER CURIAM. We reverse and remand this case to the trial court in accordance with this court’s decision in Narayan v. State, 149 So. 3d 739 (Fla. 5th DCA 2014). REVERSED and REMANDED. SAWAYA, LAWSON, and WALLIS, JJ., concur.…
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Desmond Murray v. State (Fla. 6th DCA 2024)