IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JERMAINE LAMONT WILEY,
Appellant,
v. Case No. 5D16-3115
STATE OF FLORIDA,
Appellee.
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Opinion filed December 16, 2016
3.801 Appeal from the Circuit
Court for Orange County,
Robert J. Egan, Judge.
Jermaine Lamont Wiley, Trenton, pro se.
No Appearance for Appellee.
PER CURIAM.
Appellant, Jermaine Wiley, appeals the summary denial of his motion for additional
jail credit filed pursuant to Florida Rule of Criminal Procedure 3.801. Because the records
attached to the trial court’s order do not conclusively refute Wiley’s claim, we remand for
the trial court to either attach additional records refuting the claim or hold an evidentiary
hearing. See Sherman v. State, 185 So. 3d 1295, 1296 (Fla. 5th DCA 2016) (holding that
remand required where it was unclear from records attached whether defendant had
completed sentence in one case but had been held in custody thereafter pending
transport to different county for disposition of second case.).
REVERSED and REMANDED.
TORPY, EVANDER and LAMBERT, JJ., concur.
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