Burch v. State

763 So. 2d 1260, 2000 Fla. App. LEXIS 8087, 2000 WL 852615

Opinion

PER CURIAM.

Appellant seeks review of an order denying his request, made pursuant to Florida Rule of Criminal Procedure 3.800(a), for an additional 30 days of jail-time credit. In his motion, appellant represents that, although he was in the Hamilton County Jail from October 14, 1999, to November 22,1999, he received credit for only 8 days, rather than for 38. A sworn certificate from the Hamilton County Sheriffs Office supports appellant’s representation. In its order, the trial court said, “October 14, 1999 to November 22, 1999 clearly being 8 days, it is ORDERED AND ADJUDGED that the Defendant’s Motion is denied.” Our computations lead us to conclude that October 14 to November 22 is 38 days, as appellant claimed, and not 8 days, as found by the trial court. Accordingly, we reverse, and remand with directions that the trial court award appellant an additional 30 days of jail-time credit.

REVERSED and REMANDED, with directions.

KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.