Belanger v. State

The defendant, Nicholas Belanger, appeals the denial of his Florida Rule of Criminal Procedure 3.801 motion for additional jail credit. Based on our review of the defendant’s motion, we agree with the trial court that the defendant’s motion fails to include all of the information required by rule 3.801(c). 1 However, because this was the defendant’s first attempt to file such a motion, the trial court erred by denying the defendant’s motion without giving the defendant leave to amend his motion. Accordingly, we reverse the order under review to allow the defendant to file a facially…