Espinosa v. State

This is an appeal from an order denying a postconviction motion seeking additional credit for jail time served. Because the record now before us does not conclusively refute the defendant’s claim, we reverse.

Defendant-appellant Espinosa filed a motion under Florida Rule of Criminal Procedure 3.800(a) alleging that he has not been granted the proper amount of credit for jail time served. The trial court denied the motion in an order stating, “Per 3rd DCA mandate, as well as court record, no legal or factual basis.”

We must respectfully disagree with the trial court’s analysis under the…