Legal Opinion

Ande Kibwika v. State

District Court of Appeal of Florida

Decided July 23, 2014No. 4D13-3776Published

1Per curiam

Ande Kibwika appeals an order denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800. 1 The motion is legally sufficient and warrants further review. Kibwika pointed to the dates referenced within the probable cause affidavit and the final disposition following his trial. Significantly, he alleged that he was never released on bond. Consequently, Kibwika met his burden to demonstrate entitlement to relief on the face of the record. See Johnson v. State, 60 So.3d 1045, 1051 (Fla.2011). See also Green v. State, 979 So.2d 395, 395-96 (Fla. 2d DCA 2008).

Rever…

2Cases cited2 opinions

  1. Johnson v. StateSupreme Court of Florida · 2011
  2. Green v. StateDistrict Court of Appeal of Florida · 2008

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