Gisi v. State

Michael Gisi appeals the summary dismissal of his motion for jail credit filed under Florida Rule of Criminal Procedure 3.800(a). Gisi is seeking jail credit for time he spent in a South Dakota jail and in a Bradford County, Florida, jail prior to sentencing in Pinellas County. We reverse the postconviction court’s dismissal order and remand for further proceedings.

The postconviction court found that Gisi’s claim of entitlement to out-of-state jail credit was not cognizable in a rule 3.800(a) motion but should have been raised in a timely motion pursuant to Florida Rule of Criminal Procedure…