Public-domain · open source
OpenJurist

805 So. 2d 73

Docket No. 4D01-4069.

Collins v. State

Brenda COLLINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 16, 2002.

District Court of Appeal of Florida · decided 2002-01-16

Cited by 11 later decisions — most recently August 2012

11 state decisions

Key passage — most relied on by later courts

“Once a prima facie claim is asserted that the record shows an entitlement to jail time credit, the burden is on the trial court to attach portions of the record to refute the claim. The state's attempt to provide such documentation to this court in response to this court's order to show cause does not cure the defect.”

quoted by 1 later decision, including Petscher v. State

Relies on 661 So. 2d 134 - Saunders v. State · Foley v. State · Hopkins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-01-16

View the full empirical analysis of this case →

¶1Brenda Collins, Florida City, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Appellant Brenda Collins appeals two trial court orders denying her motions to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which she claimed entitlement to 35 days of jail credit. A claim seeking jail credit is cognizable in a rule 3.800(a) motion. State v. Swyck,716 So.2d 767 (Fla.1998).

¶5*74 Here, the trial court order denying relief in both cases failed to attach supporting portions 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 attachments along with its response to this court's order to show cause, but this does not cure the defect in the trial court's orders of summary denial. Saunders v. State,661 So.2d 134 (Fla. 4th DCA 1995); Foley v. State,657 So.2d 929 (Fla. 4th DCA 1995).

¶6Accordingly, we reverse and remand for the trial court to refute appellant's claims with appropriate record attachments or to award credit if appropriate.

¶7GUNTHER, KLEIN and STEVENSON, JJ., concur.

/805/so2d/73 · .json · Public domain