Gutierrez v. State

We reverse the denial of Rojelio Gutierrez’s motion seeking postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, and remand for further proceedings. The motion requested the trial court to correct the jail credit on Gutierrez’s sentence.

Gutierrez was sentenced October 17, 1997, to three years and six months’ incarceration for a violation of community control. Gutierrez alleges trial counsel was ineffective by failing to ascertain, through a proper investigation prior to sentencing, how much jail credit he was entitled to receive against this sentence, and to…