Jonathan Wright v. State of Florida , 272 So. 3d 532 ( 2019 )


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  •           FIRST DISTRICT COURT OF APPEAL
    STATE OF FLORIDA
    _____________________________
    No. 1D18-268
    _____________________________
    JONATHAN WRIGHT,
    Appellant,
    v.
    STATE OF FLORIDA,
    Appellee.
    _____________________________
    On appeal from the Circuit Court for Duval County.
    Linda F. McCallum, Judge.
    May 2, 2019
    PER CURIAM.
    Jonathan Wright appeals an order denying his motion for
    postconviction relief. While we find no error in most of the trial
    court’s disposition, we agree with Mr. Wright that the court’s
    record attachments do not refute his claim of entitlement to
    additional jail credit.
    In 1985, Jonathan Wright was sentenced for two counts of
    attempted second-degree murder, four counts of armed robbery,
    and three counts of attempted armed robbery. In 2007, he was re-
    sentenced following this court’s decision in Wright v. State, 
    941 So. 538
     (Fla. 1st DCA 2006).
    In the instant motion, Mr. Wright contended that while
    awaiting re-sentencing he was held in Duval County Jail from May
    29, 2007 until November 22, 2007. He claimed that he was entitled
    to jail credit for this time. The trial court denied relief, finding that
    the motion was legally insufficient, and that Mr. Wright was not
    entitled to the credit on the merits.
    We disagree with the court’s conclusion that the motion was
    legally insufficient. Criminal defendants are entitled to credit for
    time spent in county jail awaiting re-sentencing. Middleton v.
    State, 
    213 So. 3d 963
     (Fla. 1st DCA 2015). And Mr. Wright’s motion
    alleged everything that was required pursuant to Florida Rule of
    Criminal Procedure 3.801. The record attachments do not
    conclusively refute his jail credit claim. See McIntosh v. State, 
    146 So. 3d 1291
     (Fla. 1st DCA 2014) (“Rule 3.801(e) . . . requires the
    circuit court to attach to its order denying a motion seeking
    additional jail credit records that conclusively refute the motion.”).
    On remand, the court should grant relief, unless the jail
    and/or prison records show that Mr. Wright received the credit due
    for the time he spent in jail from May 29, 2007 until November 22,
    2007. If the court denies relief, it must include record attachments
    showing that the defendant is not entitled to relief for this period
    of time.
    Accordingly, we AFFIRM in part, REVERSE in part, and
    REMAND for further proceedings not inconsistent with this opinion.
    B.L. THOMAS, C.J., and ROBERTS and OSTERHAUS, JJ., concur.
    _____________________________
    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
    _____________________________
    Jonathan Wright, Appellant, pro se.
    Ashley Moody, Attorney General, and Amanda D. Stokes,
    Assistant Attorney General, Tallahassee, for Appellee.
    2
    

Document Info

Docket Number: 18-0268

Citation Numbers: 272 So. 3d 532

Filed Date: 5/2/2019

Precedential Status: Precedential

Modified Date: 5/2/2019