Padilla-Padial v. State
Padilla-Padial v. State
Opinion of the Court
Angel Padilla-Padial appeals the summary denial of his pro se “Motion to Correct Illegal Sentence,” which was filed pursuant to Florida Rule of Criminal Procedure 3.800(a), and raised his alleged entitlement to additional jail credit. The trial court treated it as a Florida Rule of Criminal Procedure 3.801 motion to correct jail credit, and denied it on the merits. However, because the motion was filed during the pendency of Padilla-Padial’s direct appeal of his judgment and sentence (case number 5D13-3356),
We recognize that there may be cases involving jail credit issues that, if not promptly resolved, would result in a defendant having served the legal portion of the sentence prior to the conclusion of the direct appeal. We would urge the State and defendants to work cooperatively to correct those errors. If the justice of the individual case requires it due to circumstances such as a short sentence, a joint
We reverse the trial court’s order, as it was entered without jurisdiction. This is without prejudice to Padilla-Padial filing an appropriate and timely rule 3.801 motion to correct jail credit after his judgment and sentence become final.
REVERSED and REMANDED.
. Padilla-Padial’s direct appeal has yet to be perfected, and is still pending before this Court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.