William J. Mann v. State of Florida

160 So. 3d 554

Opinion

PER CURIAM.

The appellant appeals the denial of his motion seeking jail credit filed pursuant to Florida Rule of Criminal Procedure 3.801. We reverse and remand.

The appellant seeks 1525 days of additional jail credit, and provides the date of his sentence and the dates for which he seeks credit. However, he has not alleged any of the other facts which must be included in a facially sufficient rule 3.801 motion. See Fla. R. Crim. P. 3.801(c). Pursuant to rule 3.801, a defendant is entitled to one chance to amend his motion to state a facially sufficient claim unless the record refutes the claim. See Fla. R. Crim. P. 3.801(e) (incorporating Florida Rule of Criminal Procedure 3.850(f)); Fla. R. Crim. P. 3.850(f)(2) (if the motion is facially insufficient, the trial court must give a defendant 60 days to amend). Here, the trial court denied relief on the merits, but did so without attaching any records supporting the denial. See Fla. R. Crim. P. 3.801(e) (incorporating Florida Rule of Criminal Procedure 3.850(f)); Fla. R. Crim. P. 3.850(f)(5) (trial court must attach portions of the record refuting appellant’s claims). Therefore, we reverse and remand for the trial court to either attach records which refute the appellant’s claim or to grant him the opportunity to amend his facially insufficient claim.

REVERSED and REMANDED with directions.

WOLF, BENTON, and RAY, JJ., concur.