Johnson v. State

Wayne Alan Johnson appeals the order denying with prejudice his motion for jail credit filed under Florida Rule of Criminal Procedure 3.801. We reverse.

In his motion, Johnson sought jail credit in five cases for the time he spent in the Polk County jail from June 26, 2014, to November 19, 2014. In denying Johnson’s motion, the postconviction court noted that it was his third attempt at filing a motion for jail credit. The court characterized the previous two attempts as motions seeking out-of-state jail credit. It dismissed both prior motions without prejudice to refile the claims under…