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Jerartis ICON, Appellant, v. The STATE of Florida, Appellee.
Jerartis Icon (“Icon”) appeals an order denying his motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801. We have jurisdiction. Fla. R. App. P. 9.141(b)(2). To dispose of his claims, Icon argues the trial court was required to include documents from the record in summarily denying his motion to correct jail credit. We reverse the order under review and remand. Upon remand, if the trial court determines the motion is facially sufficient, timely, and that Icon is entitled to relief, it shall grant the motion; if the motion is facially insufficient, the court shall identify the defects and allow Icon an opportunity to amend; if the motion is denied, the court shall attach to the order those portions of the files and records that conclusively demonstrate Icon is not entitled to relief, as required by Rule 3.801(e), which incorporates provisions of Rule 3.850(e), (f), (j), (k), and (n). See Williams v. State, 233 So. 3d 1172, 1173 (Fla. 3d DCA 2017).
Reversed and remanded.
GORDO, J.
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Docket No: No. 3D24-1121
Decided: January 29, 2025
Court: District Court of Appeal of Florida, Third District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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