MICHAEL FULGHAM
v.
STATE
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.
When a defendant disputes whether he waived additional jail credit and the written plea form does not expressly state a waiver, a factual dispute exists requiring an evidentiary hearing rather than summary denial.
[1] A trial court must conduct an evidentiary hearing on a motion for additional jail credit when a factual dispute exists regarding the defendant's waiver of such credit and…
[2] A written plea form's notation of jail credit does not, in itself, conclusively establish a waiver of additional jail credit if the defendant asserts they did not waive i…
Previewing 2 of 3 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“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.”
Court citing Louis v. State for the general rule that evidentiary hearings are required when factual disputes exist and records do not conclusively resolve the matter.
Fulgham was awarded 51 days credit for time served on his plea form but moved for additional jail credit, claiming he did not waive any additional cre…
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 Additional Jail Credit cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MICHAEL FULGHAM, Appellant,
v. Case No. 5D17-3178 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 12, 2018 3.800 Appeal from the Circuit Court for Seminole County, Donna L. Mcintosh, Judge.
Michael Fulgham, Sneads, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
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. Id. 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 regarding 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 Fulgham’s claim or, 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)