PETTIS III v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Richard PETTIS, III, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-3600

Decided: March 08, 2019

Richard Pettis, III, Malone, pro se. No Appearance for Appellee.

Richard Pettis, III, appeals an order summarily denying his motion seeking additional jail credit. See Fla. R. Crim. P. 3.801. Because the trial court failed to attach records conclusively refuting Pettis' claim, we reverse. See Hoskins v. State, 259 So.3d 892 (Fla. 4th DCA 2018). On remand, the trial court shall either grant Pettis' motion, conduct an evidentiary hearing thereon, or attach portions of the record that conclusively refute the claim for additional jail credit. Shepman v. State, 249 So.3d 1318 (Fla. 5th DCA 2018).

REVERSED and REMANDED.

PER CURIAM.

EVANDER, CJ., ORFINGER and COHEN, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network