Martin v. State
| Decision Date | 26 October 2001 |
| Docket Number | No. 5D01-2577.,5D01-2577. |
| Citation | 799 So.2d 343 |
| Parties | Delbert MARTIN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Delbert Martin, Tallahassee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
Delbert Martin appeals the trial court's order summarily denying his Rule 3.800(a) motion. Martin alleges that he is entitled to a total of 29 days jail credit. Specifically, he claims that he was held in the county jail in connection with this case from November 3, 1999 to November 4, 1999 and again from November 17, 1999 until December 13, 1999. He alleges that at sentencing the trial court did, in fact, credit the 29 days in jail, but the written judgment and sentence form fails to reflect the 29 days credit. Rather, it reflects credit for only one day.
Martin's motion is legally sufficient. See State v. Swyck, 716 So.2d 767 (Fla. 1998) (). The state, in its response, concedes that Martin is entitled to raise his claim under Rule 3.800(a) pursuant to State v. Mancino, 714 So.2d 429 (Fla.1998). The trial court's order fails to refute Martin's claims and attach appropriate records. See Abney v. State, 661 So.2d 139 (Fla. 5th DCA 1995) (). In fact, the court's order improperly characterizes Martin's motion as one for mitigation or reduction of sentence pursuant to Rule 3.800(b). Under the circumstances, we reverse and remand to give the trial court an opportunity to refute Martin's claim with appropriate records or to award the proper credit if warranted.
REVERSED AND REMANDED.
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Petscher v. State, 5D05-3319.
...had the jail time been properly credited. We conclude that Gallinat's motion is legally sufficient. Id. at 426-27. In Martin v. State, 799 So.2d 343 (Fla. 5th DCA 2001), we similarly Delbert Martin appeals the trial court's order summarily denying his Rule 3.800(a) motion. Martin alleges th......
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Collins v. State, 4D01-4069.
...of the record refuting appellant's claims. This is reversible error. Ford v. State, 801 So.2d 233 (Fla. 2d DCA 2001); Martin v. State, 799 So.2d 343 (Fla. 5th DCA 2001); Speer v. State, 734 So.2d 454 (Fla. 4th DCA 1999). The State has attempted to remedy this error by submitting record atta......
- Hopkins v. State, 1D01-0572.