Legal Opinion

Taylor v. State

District Court of Appeal of Florida

Decided October 26, 2016No. 4D16-1664Published

1Per curiam

Aaron Taylor appeals an order summarily denying his rule 3.801 motion, which sought an additional 204 days of jail credit. The trial court denied the motion based on the State’s assertion that it was appellant’s burden to show his entitlement to relief by providing documentation of the service date of the capias in question. Neither the State nor the trial court contended that the motion was legally insufficient.

The State now concedes that the trial court was required to attach records conclusively refuting appellant’s claim, or to conduct an evidentiary hearing. See Williams v. State, 141…

2Cases cited2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 2014
  2. Emmanuel Sims v. State of FloridaDistrict Court of Appeal of Florida · 2016

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