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Shotwell v. State

Florida Court of Appeals, Third District

January 11, 2017

Willie Shotwell, Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County Lower Tribunal No. 13-26508, Cristina Miranda, Judge.

          Willie Shotwell, in proper person.

          Pamela Jo Bondi, Attorney General, and Jacob Addicott, Assistant Attorney General, for appellee.

          Before WELLS, LAGOA, and SALTER, JJ.

          LAGOA, J.

         Appellant, Willie Shotwell ("Shotwell"), appeals the trial court's denial of his amended motion for correction of jail credit filed pursuant to Florida Rule of Criminal Procedure 3.801(a). We reverse the trial court's order denying Shotwell's motion with prejudice, and remand to the trial court to provide Shotwell with the opportunity to file an amended, legally sufficient Rule 3.801 motion.

         I. FACTUAL AND PROCEDURAL HISTORY

         On July 8, 2014, in case number F13-26508, Shotwell pled guilty to one count of aggravated assault with a deadly weapon, and was sentenced to 24 months imprisonment.

         On August 26, 2014, pursuant to Rule 3.801, Florida Rules of Criminal Procedure, Shotwell filed a motion for correction of jail credit. In that motion, Shotwell argued that the trial court's files contain documents filed on July 8, 2014-his sentencing date-that conclusively establish that, at the time he was sentenced, he was entitled to 238 days credit for time previously served in Miami-Dade County Jail and that the sentencing court did not award any credit due for time served.

         On September 25, 2014, the trial court entered an order summarily denying Shotwell's Rule 3.801 motion as insufficient. Subsequently, Shotwell filed a pro se motion for rehearing acknowledging that the trial court "may have been correct in stating that Mr. Shotwell's Motion was insufficient, " as it did not comply with the requirements of Rule 3.801. Shotwell, therefore, asked the trial court for permission to amend his motion for correction of jail credit. On December 4, 2014, the trial court summarily denied Shotwell's motion for rehearing as insufficient, and Shotwell filed a Notice of Appeal.

         In its response to that appeal, the State conceded error and asked this Court to modify the trial court's decision by affirming the denial of the 3.801 motion to specify that it was without prejudice to Shotwell refiling an amended motion within 60 days. Subsequently, in Shotwell v. State, 183 So.3d 1070, 1070 (Fla. 3d DCA 2015), this Court affirmed without prejudice to Shotwell filing "an amended, legally sufficient 3.801 petition within sixty (60) days" of the date of the issuance of that opinion-May 6, 2015. Six days later, on May 12, 2015, Shotwell filed an amended 3.801(a) motion for correction of jail credit in this Court. On June 9, 2015, this Court issued an order dismissing Shotwell's amended 3.801(a) motion for correction of jail credit "without prejudice, " in order for Shotwell to refile in the circuit court.

         On June 17, 2015, Shotwell filed a new Rule 3.801(a) motion for correction of jail credit. In that motion, Shotwell argued that he is entitled to 249 days credit towards his sentence and that he did not waive any of credit for time served. On July 29, 2015, however, the State filed a response which did not acknowledge this Court's previous order allowing Shotwell to refile his Rule 3.801(a) motion.[1] Instead, in its response, the State asserted that Shotwell's claim was barred for having been raised in previous motions. Additionally, the State argued that the judgment and sentence showed "that the defendant was to receive no credit for the time he had previously served."

         On July 29, 2015, the trial court again entered an order denying Shotwell's amended motion for correction of jail credit. In this written order, the trial court found that Shotwell had previously appealed the trial court's order denying his motion for correction of jail credit. The trial court further found that the trial court's previous ...


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