SHAYON HUGGER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of jail credit motion because trial court failed to attach record portions showing defendant waived entitlement to jail credit under section 921.161.
Jail time credit is mandatory under section 921.161 unless the record clearly shows the defendant waived entitlement, and summary denial must be reversed when the record is incomplete.
[1] Jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly demonstrates the defendant waived entitlement to such credit, and summary…
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Join FLexlaw to unlock all legal intelligence“The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly shows that the defendant waived his or her entitlement to such credit.”
Court stating the legal standard governing jail credit awards
Shayon Hugger appealed a trial court order summarily denying his motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801.…
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Shayon Hugger appeals an order summarily denying his motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801. “The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly shows that the defendant waived his or her entitlement to such credit.” Briggs v. State, 929 So.2d 1151, 1153 (Fla. 5th DCA 2006). In this case, the trial court failed to attach portions of the record which show that Hugger waived his entitlement to jail credit. As the State concedes, the trial court erred. See Langdon v. State, 947 So.2d 460 (Fla. 3d DCA 2007) (“On appeal from a summary denial, this court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief’) (internal citation omitted); Hagans v. State, 114 So.3d 418, 419 (Fla. 5th DCA 2013) (“Although [the defendant] could have waived both his credit for time served in prison on the original sentence and his credit for time served before sentencing as part of his negotiated plea agreement, such waiver must be clearly shown on the record and cannot be presumed.”).
We reverse and remand with instructions to attach portions of the record which show that Hugger waived his entitlement to jail credit; alternatively, if Hugger did not waive his right to credit for time served, then he is entitled to relief. Id. at 419.
Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)
- Briggs v. State, 929 So. 2d 1151 (Fla. 5th DCA 2006)
- Hagans v. State, 114 So. 3d 418 (Fla. 5th DCA 2013)