JOHNNY PAUL WALKER vs STATE OF FLORIDA

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
JOHNNY PAUL WALKER,
Appellant,
v. Case No. 5D22-848
LT Case No. 2020-CF-001313-A
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed August 12, 2022
3.801 Appeal from the Circuit Court
for Lake County,
James R. Baxley, Judge.
Johnny Paul Walker, Avon Park, pro
se.
No Appearance for Appellee.
WALLIS, J.
Appellant appeals the summary denial of his motion for jail credit filed
pursuant to Florida Rule of Criminal Procedure 3.801. Appellant alleges that
he is entitled to an additional 350 days of jail credit because his bond on a
separate Lake County case was never revoked when he was subsequently
arrested in other cases. The trial court determined that the records attached
to Appellant's motion did not establish an entitlement to jail credit, even
though the sentencing records from the separate Lake County case were not
included as attachments to the motion. Because the attached records did
not conclusively refute Appellant’s claim, the postconviction court erred in its
summary denial. We reverse and remand for the trial court to attach records
conclusively refuting Appellant’s claim of entitlement to additional jail credit,
or in the alternative, hold an evidentiary hearing. See Fla. R. Crim. P.
3.801(e); Muscanell v. State, 186 So. 3d 57, 58 (Fla. 5th DCA 2016).
REVERSED and REMANDED with Instructions.
EVANDER and HARRIS, JJ., concur.
2