Jerartis Icon v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: January 29, 2025
• Docket: 3D2024-1121
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 29, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1121 Lower Tribunal No. F16-20205 ________________

Jerartis Icon, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.

Jerartis Icon, in proper person.

John Guard, Acting Attorney General and Daniel Colmenares, Assistant Attorney General, for appellee.

Before LOGUE C.J., and SCALES and GORDO, JJ.

GORDO, J. Jerartis Icon (“Icon”) appeals an order denying his motion for correction

of jail credit under Florida Rule of Criminal Procedure 3.801. We have

jurisdiction. Fla. R. App. P. 9.141(b)(2). To dispose of his claims, Icon

argues the trial court was required to include documents from the record in

summarily denying his motion to correct jail credit. We reverse the order

under review and remand. Upon remand, if the trial court determines the

motion is facially sufficient, timely, and that Icon is entitled to relief, it shall

grant the motion; if the motion is facially insufficient, the court shall identify

the defects and allow Icon an opportunity to amend; if the motion is denied,

the court shall attach to the order those portions of the files and records that

conclusively demonstrate Icon is not entitled to relief, as required by Rule

3.801(e), which incorporates provisions of Rule 3.850(e), (f), (j), (k), and (n).

See Williams v. State, 233 So. 3d 1172, 1173 (Fla. 3d DCA 2017).

Reversed and remanded.