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Ande Kibwika v. State

142 So. 3d 975, 2014 WL 3605506, 2014 Fla. App. LEXIS 11188
District Court of Appeal of Florida·Decided July 23, 2014·No. 4D13-3776·Published

Opinion

PER CURIAM.

Ande Kibwika appeals an order denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800. 1 The motion is legally sufficient and warrants further review. Kibwika pointed to the dates referenced within the probable cause affidavit and the final disposition following his trial. Significantly, he alleged that he was never released on bond. Consequently, Kibwika met his burden to demonstrate entitlement to relief on the face of the record. See Johnson v. State, 60 So.3d 1045, 1051 (Fla.2011). See also Green v. State, 979 So.2d 395, 395-96 (Fla. 2d DCA 2008).

Reversed and remanded for further proceedings.

GROSS, STEVENSON and CONNER, JJ., concur.
1

. Appellant’s motion predated the enactment of Florida Rule of Criminal Procedure 3.801.

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Ande Kibwika v. State, 142 So. 3d 975, 2014 WL 3605506, 2014 Fla. App. LEXIS 11188 (Fla. Ct. App. 2014).

142 So. 3d 975 (Ande Kibwika v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Green v. State
979 So. 2d 395 (District Court of Appeal of Florida, 2008)
Johnson v. State
60 So. 3d 1045 (Supreme Court of Florida, 2011)