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Jarrett v. State

District Court of Appeal of Florida, Fifth District.
Jun 1, 2012
89 So. 3d 293 (Fla. Dist. Ct. App. 2012)

Summary

rejecting the State's concession of error

Summary of this case from Villar v. State

Opinion

No. 5D12–529.

2012-06-1

William H. JARRETT, Appellant, v. STATE of Florida, Appellee.

3.800(a) Appeal from the Circuit Court for Putnam County, Carlos Mendoza, Judge. William H. Jarrett, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.


3.800(a) Appeal from the Circuit Court for Putnam County, Carlos Mendoza, Judge.
William H. Jarrett, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PALMER, J.

William H. Jarrett (defendant) appeals the trial court's order denying his motion for jail credit filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm, writing only to explain why we reject the State's concession of error.

The State has conceded that the order should be reversed because the trial court did not attach record documents conclusively refuting the defendant's claim. However, our supreme court recently explained in Johnson v. State, 60 So.3d 1045, 1051 & n. 2 (Fla.2011), that rule 3.800(a) does not require the trial court to attach record documents. Rather, “[a]n appellate court should affirm the summary denial of a rule 3.800(a) motion whenever the appellate court's review of the record establishes that the defendant did not satisfy the burden of showing entitlement to relief on the face of the record.” Id. n. 2.

AFFIRMED.

ORFINGER, C.J., and MONACO, J., concur.


Summaries of

Jarrett v. State

District Court of Appeal of Florida, Fifth District.
Jun 1, 2012
89 So. 3d 293 (Fla. Dist. Ct. App. 2012)

rejecting the State's concession of error

Summary of this case from Villar v. State

recognizing that Johnson overruled cases requiring a trial court to attach records to refute a Rule 3.800 claim

Summary of this case from Small v. State
Case details for

Jarrett v. State

Case Details

Full title:William H. JARRETT, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Jun 1, 2012

Citations

89 So. 3d 293 (Fla. Dist. Ct. App. 2012)

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