Stewart v. State
Stewart v. State
Opinion of the Court
Arsenio Stewart appeals the summary denial of his pro se motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court correctly 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. Stewart’s direct appeal of his judgment and sentence (case number 5D14-2633), the trial court lacked jurisdiction to rule on the motion. See Padilla-Padial v. State, 152 So.3d 51, 52 (Fla. 5th DCA 2014); see also Mann-Stack v. Homeside Lending, Inc., 982 So.2d 72, 73-74 (Fla. 2d DCA 2008) (hold
We reverse the order, as it was entered without jurisdiction. Stewart should file a facially sufficient rule 3.801 motion within one year of the mandate issuing in, his direct appeal.
REVERSED.
. We note that Stewart's calculations appear correct. If the trial court again summarily denies his claim, it must attach portions of the record that refute Stewart's claim. See Romine v. State, 151 So.3d 553 (Fla. 5th DCA 2014) (citing Fla. R. Crim. P. 3.801(e), 3.850(f)(5)).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.