MARVIN WELLS v. STATE OF FLORIDA (2025)

District Court of Appeal of Florida, Second District.

MARVIN WELLS, Appellant, v. STATE OF FLORIDA, Appellee.

No. 2D2024-1305

Decided: January 24, 2025

Marvin Wells, pro se.

Marvin Wells appeals the order summarily denying his motion for jail credit under Florida Rule of Criminal Procedure 3.801. We reverse and remand for the postconviction court to strike the motion.

In January 2024, Mr. Wells filed a pro se motion seeking an additional 411 days of jail credit. The court entered an order striking the motion with leave to amend finding the motion failed to meet the requirements of rule 3.801. Mr. Wells filed an amended motion, and the court ordered the State to respond. Relying on the State's response, the court summarily denied the motion on the merits.

Mr. Wells was represented by trial counsel when he filed his pro se motion for jail credit. See Fla. R. Crim. Pro. 3.111(e)(1), (3). The motion should have been stricken as a nullity. See Logan v. State, 846 So. 2d 472, 475-76 (Fla. 2003).

Reversed and remanded.

PER CURIAM.

SLEET, C.J., and SILBERMAN and LABRIT, JJ., Concur

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