Legal Opinion

Nazario v. State

District Court of Appeal of Florida

Decided April 15, 2016No. 5D15-2897PublishedCited by 2 opinions

1Per curiam

Appellant appeals the summary denial of his motion to correct jail credit from multiple criminal cases originating in Orange County, pursuant to Florida Rule of Criminal Procedure 3.801. Appellant’s motion did not comply with the pleading requirements of Rule 3.801(c). Despite this deficiency, the trial court denied Appellant’s claim on the merits. When a defendant *976files a facially insufficient Rule 3.801 motion, “the court must enter a non-final, non-appealable order allowing the defendant sixty days to amend the motion.” Adkins v. State, 183 So.3d 1102, 1103 (Fla. 5th DCA 2015). We reverse…

2Cases cited2 opinions

  1. Adkins v. StateDistrict Court of Appeal of Florida · 2015
  2. Andrew Deloreznzo v. State of FloridaDistrict Court of Appeal of Florida · 2015

3Cited by2 opinions

  1. Stewart v. StateDistrict Court of Appeal of Florida · 2017
  2. Virgil O. Stewart v. StateDistrict Court of Appeal of Florida · 2017

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