Legal Opinion

Howard v. State

District Court of Appeal of Florida

Decided June 30, 2010No. 4D09-2939PublishedCited by 3 opinions

1Opinion of the CourtGerber, J.

The circuit court denied the defendant’s motion seeking additional jail credit under Florida Rule of Criminal Procedure 8.800(a). We reverse and remand for the circuit court to determine if the record demonstrates the defendant’s right to the requested credit.

The defendant’s motion alleged that the trial court awarded him 28 days of credit, but that he was still due 148 days of credit which he served on house arrest. The defendant further alleged that his court and jail records would conclusively demonstrate his entitlement to that credit. The state’s response argued that the plea transcript…

2Cases cited2 opinions

  1. Velasquez v. StateDistrict Court of Appeal of Florida · 2009
  2. Lahens v. StateDistrict Court of Appeal of Florida · 2010

3Cited by3 opinions

  1. Johnson v. StateSupreme Court of Florida · 2011
  2. Villar v. StateDistrict Court of Appeal of Florida · 2013
  3. Allen v. StateDistrict Court of Appeal of Florida · 2011

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