Andrew Deloreznzo v. State of Florida

District Court of Appeal of Florida

Andrew Deloreznzo v. State of Florida

179 So. 3d 550, 2015 Fla. App. LEXIS 17915, 2015 WL 7709586

CourtDistrict Court of Appeal of Florida

DecidedNovember 25, 2015

Docket4D15-148

StatusPublished

Cited by1 cases

This text of 179 So. 3d 550 (Andrew Deloreznzo v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrew Deloreznzo v. State of Florida, 179 So. 3d 550, 2015 Fla. App. LEXIS 17915, 2015 WL 7709586 (Fla. Ct. App. 2015).

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Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing, withdraw our prior opinion, and substitute this opinion in its place.

We reverse the summary denial of appellant’s timely rule 3.801 motion, which sought additional credit for time spent in jail before sentencing. The records attached to the trial court’s order do not conclusively establish that appellant is not entitled to relief. While appellant’s motion is poorly drafted, it appears that he seeks credit for time that he allegedly spent in jail when he was originally arrested for this case, before his later sentencing for a violation of probation. Specifically, he appears to be seeking credit for time he allegedly spent in jail from March 30, 2011 to June 8, 2011. We remand for further proceedings.

If the trial court determines that appellant’s motion is facially insufficient, it should provide him sixty days to file an amended motion. See Belanger v. State, 146 So.3d 136, 137-38 (Fla. 3d DCA 2014) (recognizing that the procedures of rule 3.850(f)(2) are incorporated by rule 3.801(e)); see also Spera v. State, 971 So.2d 754, 761-62 (Fla.2007).

Reversed and remanded with directions.

GROSS, TAYLOR and MAY, JJ., concur.

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ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing, withdraw our prior opinion, and substitute this opinion in its place.

We reverse the summary denial of appellant’s timely rule 3.801 motion, which sought additional credit for time spent in jail before sentencing. The records attached to the trial court’s order do not conclusively establish that appellant is not entitled to relief. While appellant’s motion is poorly drafted, it appears that he seeks credit for time that he allegedly spent in jail when he was originally arrested for this case, before his later sentencing for a violation of probation. Specifically, he appears to be seeking credit for time he allegedly spent in jail from March 30, 2011 to June 8, 2011. We remand for further proceedings.

If the trial court determines that appellant’s motion is facially insufficient, it should provide him sixty days to file an amended motion. See Belanger v. State, 146 So.3d 136, 137-38 (Fla. 3d DCA 2014) (recognizing that the procedures of rule 3.850(f)(2) are incorporated by rule 3.801(e)); see also Spera v. State, 971 So.2d 754, 761-62 (Fla.2007).

Reversed and remanded with directions.

GROSS, TAYLOR and MAY, JJ., concur.

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179 So. 3d 550, 2015 Fla. App. LEXIS 17915, 2015 WL 7709586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrew-deloreznzo-v-state-of-florida-fladistctapp-2015.

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