MICHAEL FULGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Michael Fulgham appeals the trial court's denial of his motion for additional jail credit. The court reverses, holding that absent express evidence of a waiver, a defendant's claim for additional jail credit cannot be summarily denied based solely on notations on a plea form.
The court held that where a written plea form does not expressly provide that a defendant waived additional jail credit, and the defendant specifically alleges he did not waive such credit, a factual dispute exists that generally requires an evidentiary hearing or review of the plea colloquy before the motion can be summarily denied.
[1] A written plea form does not conclusively establish a waiver of additional jail credit when the defendant insists they did not waive such credit.
[2] A factual dispute regarding the waiver of additional jail credit requires an evidentiary hearing unless the files and records conclusively show the defendant is entitled…
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Join FLexlaw to unlock all legal intelligence“in the absence of any evidence showing he specifically waived credit for jail time, the trial court erred in relying on his written plea form to deny his motion”
Establishes the core holding that summary denial based on plea form notation alone is improper without express waiver evidence
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Join FLexlaw to unlock all legal intelligenceFulgham was sentenced and received fifty-one days credit for time served according to his plea form. He subsequently moved for additional jail credit,…
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Michael Fulgham appeals the trial court’s order denying his motion for additional jail credit. See Fla. R. Crim. P. 3.801. He argues that in the absence of any evidence showing he specifically waived credit for jail time, the trial court erred in relying on his written plea form to deny his motion. We agree and reverse. See Pippins v. State, 147 So.3d 665, 665-66 (Fla. 5th DCA 2014).
The facts of this case are virtually identical to Pippins, where we reversed an order summarily denying the appellant’s motion for additional jail credit because the written plea form did not expressly provide that the appellant waived additional jail credit, and the appellant specifically alleged that she had not waived the additional credit. Jd. at 665. Here, despite the notation on the plea form that Fulgham would receive fifty-one days credit for time served, he insists that he did not waive any additional credit for the time he served in jail. As such, a factual dispute exists re*1184garding waiver that may require a hearing. See id.; see also Fla. R. Crim. P. 3.801(e). We, therefore, reverse the order under review and remand for attachment of additional portions of the record, such as the plea colloquy, specifically refuting Fulg-ham’s claim'br, in the absence of such records, for an evidentiary hearing.. See Pippins, 147 So.3d at 666; Louis v. State, 143 So.3d 452, 453 (Fla. 5th DCA 2014) (“When, -as in this case, -a factual dispute exists, and the files and records do not conclusively show appellant is entitled to no relief, an evidentiary hearing is generally required.").
REVERSED and REMANDED with instructions, . ■
TORPY, BERGER and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Antonious Louis v. State, 143 So. 3d 452 (Fla. 5th DCA 2014)
- Doloretine Pippins v. State, 147 So. 3d 665 (Fla. 5th DCA 2014)
- Lluther McKIVER v. State, 147 So. 3d 665 (Fla. 5th DCA 2014)