Wildeson v. State

District Court of Appeal of Florida

Wildeson v. State

892 So. 2d 1070, 2004 Fla. App. LEXIS 15146, 2004 WL 2309059

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 2004

DocketNo. 2D04-916

StatusPublished

This text of 892 So. 2d 1070 (Wildeson 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

Wildeson v. State, 892 So. 2d 1070, 2004 Fla. App. LEXIS 15146, 2004 WL 2309059 (Fla. Ct. App. 2004).

Pincite

Opinion

SILBERMAN, Judge.

Joseph Wildeson appeals the summary denial of his rule 3.800(a) motions for jail credit. In denying the claims, the trial court concluded that Wildeson correctly received 185 days of jail credit and that he was not entitled to additional jail credit. The trial court attached the criminal report affidavits, judgment and sentence, and case progress docket to support its conclusion.

The documents attached to the trial court’s order do not show the amount of time Wildeson actually spent in jail or in juvenile detention, and they do not establish the amount of jail credit to which he was entitled. Accordingly, we reverse the order of the trial court. On remand, if the trial court again denies Wildeson’s claim, it must attach those portions of the record that conclusively refute the claim for additional jail credit. See Thomas v. State, 863 So.2d 1277 (Fla. 2d DCA 2004).

Reversed and remanded.

CASANUEYA and VILLANTI, JJ., Concur.

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