Wiebe v. State

Appellant, Steven Wiebe, appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.801 motion for correction of jail credit. We reverse and remand.

In 2000, Wiebe was charged with two counts of sexual battery on a child under twelve years of age. In 2002, the State nolle prossed those charges after unsuccessfully appealing an order suppressing a statement Wiebe made to law enforcement. Wiebe had been incarcerated awaiting trial, but he was released after the charges were dropped.

Eight years later, the State reopened Wiebe’s case during the course of a new…