MATTHEW WAYNE HURLBURT v. STATE OF FLORIDA

District Court of Appeal of Florida

MATTHEW WAYNE HURLBURT v. STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida

DecidedDecember 15, 2023

Docket23-2454

StatusPublished

This text of MATTHEW WAYNE HURLBURT v. STATE OF FLORIDA (MATTHEW WAYNE HURLBURT 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

MATTHEW WAYNE HURLBURT v. STATE OF FLORIDA, (Fla. Ct. App. 2023).

Pincite

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D23-2454 LT Case Nos. 2016-CF-1662 2022-CF-0313 2022-CF-0407 _____________________________

MATTHEW WAYNE HURLBURT,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

3.801 appeal from the Circuit Court for Putnam County. Alicia R. Washington, Judge.

Matthew Wayne Hurlburt, East Palatka, pro se.

No Appearance for Appellee.

December 15, 2023

PER CURIAM.

Matthew Wayne Hurlburt (“Appellant”) appeals the summary denial of his Florida Rule of Criminal Procedure 3.801 motion alleging entitlement to jail credit. In its order, the trial court concluded the motion was without merit, but did not attach the necessary records to the order. See MacNeill v. State, 301 So. 3d 471, 472 (Fla. 1st DCA 2020) (“A circuit court summarily denying a rule 3.801 motion must attach portions of the record that conclusively refute it.” (citation omitted)); see also Fla. R. Crim. P. 3.801(e) (incorporating inter alia Florida Rule of Criminal Procedure 3.850(f)). We therefore reverse and remand for further proceedings.

REVERSED and REMANDED for further proceedings.

WALLIS, EISNAUGLE, and PRATT, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Free access — add to your briefcase to read the full text and ask questions with AI

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D23-2454 LT Case Nos. 2016-CF-1662 2022-CF-0313 2022-CF-0407 _____________________________

MATTHEW WAYNE HURLBURT,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

3.801 appeal from the Circuit Court for Putnam County. Alicia R. Washington, Judge.

Matthew Wayne Hurlburt, East Palatka, pro se.

No Appearance for Appellee.

December 15, 2023

PER CURIAM.

Matthew Wayne Hurlburt (“Appellant”) appeals the summary denial of his Florida Rule of Criminal Procedure 3.801 motion alleging entitlement to jail credit. In its order, the trial court concluded the motion was without merit, but did not attach the necessary records to the order. See MacNeill v. State, 301 So. 3d 471, 472 (Fla. 1st DCA 2020) (“A circuit court summarily denying a rule 3.801 motion must attach portions of the record that conclusively refute it.” (citation omitted)); see also Fla. R. Crim. P. 3.801(e) (incorporating inter alia Florida Rule of Criminal Procedure 3.850(f)). We therefore reverse and remand for further proceedings.

REVERSED and REMANDED for further proceedings.

WALLIS, EISNAUGLE, and PRATT, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Cite This Page — Counsel Stack

Bluebook (online)

MATTHEW WAYNE HURLBURT v. STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthew-wayne-hurlburt-v-state-of-florida-fladistctapp-2023.