Moya v. State

District Court of Appeal of Florida

Moya v. State

66 So. 3d 1058, 2011 Fla. App. LEXIS 12100, 2011 WL 3300342

CourtDistrict Court of Appeal of Florida

DecidedAugust 3, 2011

Docket3D11-1188

StatusPublished

This text of 66 So. 3d 1058 (Moya v. State) 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

Moya v. State, 66 So. 3d 1058, 2011 Fla. App. LEXIS 12100, 2011 WL 3300342 (Fla. Ct. App. 2011).

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Opinion

SUAREZ, J.

Melvin Moya appeals from an order denying his motion under Florida Rule of Criminal Procedure 3.800(a) requesting credit for additional jail time served prior to sentencing. We reverse.

Moya maintains that jail records establish his entitlement to 281 pre-sentencing days served, and that he was credited with only fifty-five days for time served. On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), and (D). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. Varela v. State, 29 So.3d 398, 399 (Fla. 3d DCA 2010). If the trial court once again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts, including transcripts or jail cards, that conclusively show that the appellant is not entitled to the credit for time served as sought.

Reversed and remanded.

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SUAREZ, J.

Melvin Moya appeals from an order denying his motion under Florida Rule of Criminal Procedure 3.800(a) requesting credit for additional jail time served prior to sentencing. We reverse.

Moya maintains that jail records establish his entitlement to 281 pre-sentencing days served, and that he was credited with only fifty-five days for time served. On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), and (D). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. Varela v. State, 29 So.3d 398, 399 (Fla. 3d DCA 2010). If the trial court once again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts, including transcripts or jail cards, that conclusively show that the appellant is not entitled to the credit for time served as sought.

Reversed and remanded.

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Bluebook (online)

66 So. 3d 1058, 2011 Fla. App. LEXIS 12100, 2011 WL 3300342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moya-v-state-fladistctapp-2011.

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