NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
WAYNE ALAN JOHNSON, )
)
Appellant, )
)
v. ) Case No. 2D16-36
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________)
Opinion filed November 16, 2016.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court for
Polk County; Kelly P. Butz, Judge.
Wayne Alan Johnson, pro se.
PER CURIAM.
Wayne Alan Johnson appeals the order denying with prejudice his motion
for jail credit filed under Florida Rule of Criminal Procedure 3.801. We reverse.
In his motion, Johnson sought jail credit in five cases for the time he spent
in the Polk County jail from June 26, 2014, to November 19, 2014. In denying
Johnson's motion, the postconviction court noted that it was his third attempt at filing a
motion for jail credit. The court characterized the previous two attempts as motions
seeking out-of-state jail credit. It dismissed both prior motions without prejudice to refile
the claims under Florida Rule of Criminal Procedure 3.850. However, Johnson
continued to file his motions under rule 3.801. The court denied Johnson's third motion
as facially insufficient and declared that it would not give Johnson an opportunity to
amend because his claim was refuted by the record. The court attached a certificate
from the Polk County Sheriff's Office showing the dates Johnson was arrested and
released from custody. But the certificate says nothing about what jail credit was
awarded to Johnson. Thus, the postconviction court erred in denying his third motion as
refuted by the record.
The postconviction court correctly found that Johnson's third motion was
facially insufficient under rule 3.801 as it failed to contain the information required by
rule 3.801(c). However, Johnson's second motion did contain this information as well
as a proper oath and the certification required by rule 3.850(n). See Fla. R. Crim. P.
3.801(e). Thus, the second motion was in fact facially sufficient. Significantly, the
second motion did not state a claim for out-of-state jail credit. Rather, Johnson sought
credit from June 20, 2014, the date he was transferred from Arkansas custody into
Florida custody, to November 19, 2014, the date he was sentenced after violating his
probation by committing a new offense in Arkansas.1 Consequently, the postconviction
court erred in dismissing Johnson's second motion as stating a claim for out-of-state jail
credit.
A similar situation occurred in James v. State, 185 So. 3d 649 (Fla. 2d
DCA 2016). James's retained counsel filed a rule 3.850 motion that did not contain a
proper oath. Id. at 650. The postconviction court struck the motion with leave to amend
1
In his third motion, Johnson modified the dates for which he was seeking
jail credit to from June 26, 2014, to November 19, 2014.
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within sixty days. Id. James's counsel filed a second motion that contained the proper
oath but not the certification required by rule 3.850(n)(2) that James could understand
English. Id. However, the certification had been included in the original motion. Id.
The trial court struck the motion and gave James another sixty days to amend. Id.
After James filed a second amended motion which again contained the proper oath but
lacked the necessary language certification, the trial court denied the motion with
prejudice. Id. Under the unique circumstances of the case, and without condoning
piecemeal compliance with pleading requirements, this court reversed and remanded
for the postconviction court to address James's claims. Id. at 651. This court based its
decision on the principles that "resolution of a case on its merits is preferred and
postconviction relief proceedings must provide meaningful access to the judicial
process." Id. (citing Smith v. State, 100 So. 3d 201, 202 (Fla. 2d DCA 2012)).
These principles apply even more to the present appeal because
Johnson's second motion stated a facially sufficient claim for in-state jail credit.
Accordingly, we reverse the order denying Johnson's third motion for jail credit and
remand for the postconviction court to address Johnson's claim for jail credit in his
second motion (filed on October 28, 2015) as modified by his third motion (filed on
November 24, 2015).
Reversed and remanded.
WALLACE, SLEET, and BADALAMENTI, JJ., Concur.
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