JOHNNY PAUL WALKER vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: August 12, 2022
• Docket: 22-0848
• Status: Published

Opinion

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

JOHNNY PAUL WALKER,

Appellant,

v. Case No. 5D22-848 LT Case No. 2020-CF-001313-A

STATE OF FLORIDA,

Appellee.

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Opinion filed August 12, 2022

3.801 Appeal from the Circuit Court for Lake County, James R. Baxley, Judge.

Johnny Paul Walker, Avon Park, pro se.

No Appearance for Appellee.

WALLIS, J.

Appellant appeals the summary denial of his motion for jail credit filed

pursuant to Florida Rule of Criminal Procedure 3.801. Appellant alleges that

he is entitled to an additional 350 days of jail credit because his bond on a separate Lake County case was never revoked when he was subsequently

arrested in other cases. The trial court determined that the records attached

to Appellant's motion did not establish an entitlement to jail credit, even

though the sentencing records from the separate Lake County case were not

included as attachments to the motion. Because the attached records did

not conclusively refute Appellant’s claim, the postconviction court erred in its

summary denial. We reverse and remand for the trial court to attach records

conclusively refuting Appellant’s claim of entitlement to additional jail credit,

or in the alternative, hold an evidentiary hearing. See Fla. R. Crim. P.

3.801(e); Muscanell v. State, 186 So. 3d 57, 58 (Fla. 5th DCA 2016).

REVERSED and REMANDED with Instructions.

EVANDER and HARRIS, JJ., concur.