Dawes v. State

Joseph B. Dawes seeks review of the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court’s order fails to conclusively refute Dawes’ claim for credit for time previously served, we reverse.

Dawes alleges that he did not receive full credit for the ten-year prison sentence he completed in 1991, after the trial court revoked his probation for crimes committed in 1985, 1986, and 1988, and sentenced him to three concurrent twelve-year prison sentences. Because Dawes’ crimes were committed before October 1, 1989, he is entitled…