Ingledue v. State
Ingledue v. State
Opinion of the Court
Charles Ingledue appeals the denial of his Rule 3.850 motion which was denied as successive. Ingledue had filed two previ
In State v. Mancino, 714 So.2d 429 (Fla. 1998), the Florida Supreme Court disapproved these holdings. The Court stated:
The entitlement to time served is not a disputed issue of fact in the sense that an evidentiary hearing is needed to determine where there is such an entitlement. Hence, if the record reflects that a defendant has served time prior to sentencing on the charge for which he was tried and convicted, and a sentence that does not properly credit the defendant with time served, then that sentence may be challenged under Rule 3.800.
Ingledue’s prior motions were properly filed pursuant to Rule 3.800, and therefore, this 3.850 motion is not successive. We reverse and remand with directions that the trial court consider this Ingledue’s first Rule 3.850 motion, and to address his claims on the merits.
REVERSED and REMANDED for consideration on the merits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.