Legal Opinion

Pettis v. State

District Court of Appeal of Florida

Decided March 8, 2019No. Case No. 5D18-3600Published

1Per curiam

Richard Pettis, III, appeals an order summarily denying his motion seeking additional jail credit. See Fla. R. Crim. P. 3.801. Because the trial court failed to attach records conclusively refuting Pettis' claim, we reverse. See Hoskins v. State , 259 So.3d 892 (Fla. 4th DCA 2018). On remand, the trial court shall either grant Pettis' motion, conduct an evidentiary hearing thereon, or attach portions of the record that conclusively refute the claim for additional jail credit. Shepman v. State , 249 So.3d 1318 (Fla. 5th DCA 2018).

REVERSED and REMANDED.

EVANDER, CJ., ORFINGER and COHEN, JJ.,…

2Cases cited2 opinions

  1. ANTHONY HOSKINS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Wendi M. Shepman v. StateDistrict Court of Appeal of Florida · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API