Wiley v. State
District Court of Appeal of Florida
1Per curiam
Appellant, Jermaine Wiley, appeals the summary denial of his motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.801. Because the records attached to the trial court’s order do not conclusively refute Wiley’s claim, we remand for the trial court to either attach additional records refuting the claim or hold an evidentiary hearing. See Sherman v. State, 185 So.3d 1295, 1296 (Fla. 5th DCA 2016) (holding that remand required where it was unclear from records attached whether defendant had completed sentence in one case but had been held in custody thereafter…
2Cases cited1 opinion
- Paul D. Sherman v. StateDistrict Court of Appeal of Florida · 2016