Legal Opinion

Velasquez v. State

District Court of Appeal of Florida

Decided May 7, 2009No. 1D08-5117PublishedCited by 7 opinions

1Per curiam

The appellant challenges the denial of his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). For the reasons discussed below, we reverse.

The appellant’s motion was facially sufficient as he alleged the dates for which he is seeking credit, the date of his sentence, and where in the record entitlement to relief may be shown. See Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994). The trial court did not attach sufficient record evidence refuting appellant’s entitlement to relief. Although the trial court attached the plea agreement, which specifically…

2Cases cited2 opinions

  1. Thomas v. StateDistrict Court of Appeal of Florida · 1994
  2. Davis v. StateDistrict Court of Appeal of Florida · 2007

3Cited by7 opinions

  1. Johnson v. StateSupreme Court of Florida · 2011
  2. Villar v. StateDistrict Court of Appeal of Florida · 2013
  3. Howard v. StateDistrict Court of Appeal of Florida · 2010
  4. Lahens v. StateDistrict Court of Appeal of Florida · 2010
  5. Allen v. StateDistrict Court of Appeal of Florida · 2011

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