Brown v. State

Javaro Brown appeals from an order denying his rule 3.800(a) motion seeking additional jail credit. Brown alleges that the court file conclusively shows his entitlement to more jail credit. He also provides an inter-office memorandum from the Palm Beach Sheriffs Office to support his claim.

In denying relief the trial court elected to treat the motion as a rule 3.850 motion. The order references the “plea contract” and notes that it demonstrated that Brown waived any additional credit. That document was not made part of the record below.

We reverse and remand for further review of this matter.…