Wright v. State
| Decision Date | 13 November 1991 |
| Docket Number | No. 91-2176,91-2176 |
| Citation | 589 So.2d 382 |
| Parties | 16 Fla. L. Weekly D2845 John Angus WRIGHT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John Angus Wright, pro se.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.
John Angus Wright appeals from an order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant claims 754 days entitlement to jail time credit for time he served in the Martin County jail from September 3, 1986 until his sentencing on September 27, 1988. The trial court credited him with only 520 days. Appellant contends that since he was incarcerated in the Martin County jail when the detainer was issued by Palm Beach County, and since the sentences in Palm Beach County were to run concurrent with the sentence in Martin County, he is entitled to credit for the entire time served.
The trial court summarily denied his motion and did not attach the portions of the record which conclusively refute appellant's claim that he was confined in the Martin County jail when the September 3, 1986 detainer was issued by Palm Beach County. While appellant's calculations may not be perfectly accurate, it nonetheless remains clear that the order denying jail time credit did not attach adequate portions of the record to refute his claims. We therefore reverse and remand this case to the trial court for attachment of the portions of the record refuting appellant's claim for post conviction relief or in the alternative, for resentencing. See Daniels v. State, 491 So.2d 543 (Fla.1986) and Pearson v. State, 538 So.2d 1349 (Fla. 1st DCA 1989).
REVERSED and REMANDED.
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Vanderblomen v. State
...in light of Rhoden, whether the alleged denials of credit could have been raised on direct appeal. See, e.g., Wright v. State, 589 So.2d 382 (Fla. 4th DCA 1991); Griffin v. State, 573 So.2d 979 (Fla. 5th DCA 1991); Richards v. State, 521 So.2d 292 (Fla. 1st DCA 1988); Kelly v. State, 515 So......
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Price v. State, 92-205
...no distinction based on the fact that the two sentences were imposed by different judges on different days. See also Wright v. State, 589 So.2d 382 (Fla. 4th DCA 1991) (holding that since the defendant was being held in Martin County jail on new charges when Palm Beach County issued a detai......
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Bryant v. State, 2D00-2151.
...defendant entitled to jail time credit from the date of arrest on warrant, not from the date detainer issued). See also Wright v. State, 589 So.2d 382 (Fla. 4th DCA 1991) (citing to Pearson for holding that defendant entitled to credit from time detainer issued); Tharpe v. State, 744 So.2d ......
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Tharpe v. State, 99-98.
...and Price v. State, 598 So.2d 215 (Fla. 5th DCA 1992) with Bank v. State, 632 So.2d 640 (Fla. 2d DCA 1994), and Wright v. State, 589 So.2d 382, 383 (Fla. 4th DCA 1991). The order under review is reversed and the cause remanded for a determination whether the defendant is entitled to additio......