Cadet v. State, 3D17–1532
Decision Date | 24 January 2018 |
Docket Number | No. 3D17–1532,3D17–1532 |
Citation | 239 So.3d 113 |
Court | Florida District Court of Appeals |
Parties | Allen CADET, Appellant, v. The STATE of Florida, Appellee. |
Allen Cadet, in proper person.
Pamela Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.
Before SALTER, EMAS and FERNANDEZ, JJ.
Allen Cadet appeals from an order denying his motion for additional jail credit, pursuant to Florida Rule of Criminal Procedure 3.801. We reverse in part and affirm in part.
Cadet's motion, filed in April 2017, raises two separate claims for additional jail credit. To the extent Cadet's motion sought an award of an additional twenty-one days of jail credit, representing the time he served in the Dade County jail from the date of his surrender (November 5, 2008), to the time he was transported to state prison on November 26, 2008, Cadet's motion is untimely under rule 3.801(b).1 We therefore affirm the trial court's order denying relief on this claim and do not reach the merits.
However, as to Cadet's second claim, seeking an additional 402 days of jail credit for time served in the Broward County Jail in 2013 and 2014, we reverse and remand. As to this claim, Cadet's motion alleges in relevant part:
Following his release from the incarcerative portion of his sentence in the instant case, Cadet began serving the probationary portion of his sentence. On January 22, 2013, while on probation, Cadet was arrested in Broward County for three new law violations. The next day, based upon this arrest in Broward County, a Miami–Dade County violation of probation warrant was issued for Cadet's arrest.
Cadet alleges that he was held in the Broward County Jail, without bond, on the violation of probation charges until February 27, 2014, at which time he was transferred to the Miami–Dade County Jail for proceedings on his violation of probation.2
Thereafter, Cadet alleges, he was found to have violated his probation and, on March 11, 2015, the trial court revoked his probation and sentenced Cadet to eighteen years in prison with all credit for time served.3 Cadet alleges he was not given credit for any of the days he was held in the Broward County Jail.
Id. at 505. See also May v. State, 912 So.2d 326 (Fla. 3d DCA 2005).5 Under these circumstances, Cadet would not be entitled to jail credit in this case for the time he was held in the Broward County Jail. To be entitled to relief, Cadet must allege when the warrant was actually transmitted to Broward County or was executed on him, and must also allege that the Broward County law violations served as the sole basis for the trial court's revocation of Cadet's probation. Schlumpf v. State, 76 So.3d 406 (Fla. 2d DCA 2012) ; Maloy v. State, 984 So.2d 633 (Fla. 4th DCA 2008) ; Cooper v. State, 967 So.2d 928 (Fla. 1st DCA 2007) ; Kendrigan v. State, 941 So.2d 529 (Fla. 1st DCA 2006).
However, although Cadet's motion was insufficient on its face, the trial court should not have denied this claim on its merits, but instead should have entered a "nonfinal, nonappealable order allowing the defendant 60 days to amend the motion" to state a legally sufficient claim. See...
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