IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
WILLIAM J. MANN, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D14-5154
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed April 2, 2015.
An appeal from an order of the Circuit Court for Nassau County.
Robert M. Foster, Judge.
William J. Mann, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Jay Kubica, Assistant Attorney General,
Tallahassee, for Appellee.
PER CURIAM.
The appellant appeals the denial of his motion seeking jail credit filed
pursuant to Florida Rule of Criminal Procedure 3.801. We reverse and remand.
The appellant seeks 1525 days of additional jail credit, and provides the date
of his sentence and the dates for which he seeks credit. However, he has not
alleged any of the other facts which must be included in a facially sufficient rule
3.801 motion. See Fla. R. Crim. P. 3.801(c). Pursuant to rule 3.801, a defendant is
entitled to one chance to amend his motion to state a facially sufficient claim
unless the record refutes the claim. See Fla. R. Crim. P. 3.801(e) (incorporating
Florida Rule of Criminal Procedure 3.850(f)); Fla. R. Crim. P. 3.850(f)(2) (if the
motion is facially insufficient, the trial court must give a defendant 60 days to
amend). Here, the trial court denied relief on the merits, but did so without
attaching any records supporting the denial. See Fla. R. Crim. P. 3.801(e)
(incorporating Florida Rule of Criminal Procedure 3.850(f)); Fla. R. Crim. P.
3.850(f)(5) (trial court must attach portions of the record refuting appellant’s
claims). Therefore, we reverse and remand for the trial court to either attach
records which refute the appellant’s claim or to grant him the opportunity to amend
his facially insufficient claim.
REVERSED and REMANDED with directions.
WOLF, BENTON, and RAY, JJ., CONCUR.
2