Daymon v. State

Arthur Daymon appeals the trial court’s denial of his motion seeking additional jail credit, filed pursuant to Florida Rule of Criminal Procedure 3.801. We reverse and remand.

Daymon sought 215 days of additional jail credit and provided the dates for which he seeks credit. However, his motion was not under oath as required, and failed to allege all of the information necessary for a facially sufficient rule 3.801 motion. See Fla. R. Crim. P. 3.801(c). Pursuant to rule 3.801, unless the record refutes the claim, a defendant is entitled to one chance to amend his motion to state a facially…