CHIMALE v. STATE (2020)

Ruben Chimale appeals the trial court’s denial of his rule 3.850 motion seeking 97 days of additional foreign jail credit. We agree with the trial court that, for the most part, this claim is refuted by the record. However, we reverse the order in part because the court’s attachments show that Mr. Chimale was held in Argentina for eight days, not the six days that the sentencing court originally awarded.

“The trial court has discretion to award, and should consider awarding, credit to defendants for time served in foreign jails while awaiting transfer to Florida, particularly when the defendant was incarcerated in another state solely on Florida charges.” Krause v. State, 857 So. 2d 343, 343 (Fla. 1st DCA 2003). Such claims for foreign jail credit are filed pursuant to Florida Rule of Criminal Procedure 3.850. See West v. State, 22 So. 3d 797, 798 (Fla. 1st DCA 2009). At sentencing, the court exercised its discretion and awarded Mr. Chimale six days of credit for time he was held on this case in Argentina, awaiting extradition. The court also told Mr. Chimale that if he could document additional time held, it would grant that credit too.

In his motion for postconviction relief, Mr. Chimale asserted that he was held on this case in Argentina for 97 days. The trial court’s record attachments refute this specific period of time. Rather, these records indicate that “the time of detention suffered by Chimale in this country for the present extradition procedure was between July 19, 2012 and July 26, 2012”—a period of eight days, instead of the six days that the trial court awarded.

Accordingly, we reverse and remand the order on appeal for the court to consider whether to add two additional days of foreign jail credit.

Reversed and Remanded.

Per Curiam.

Ray, C.J., and Lewis and Osterhaus, JJ., concur.