Hines v. State

Jackie Hines appeals the summary denial of a rule 3.850 motion and the denial of a rule 3.800(a) motion. Both motions seek an additional 193 days credit for time spent in Brevard County jail after he was arrested on Broward County charges. Because he has stated a sufficient claim that is not refuted by the attached records and because it appears that with the additional credit he would be entitled to release, we reverse and remand for a prompt eviden-tiary hearing.

In its response below, the State argued that at the plea hearing in this case, Hines waived this credit by stipulating to a…