Filed: Jan. 08, 2018
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MICHAEL FULGHAM, Appellant, v. Case No. 5D17-3178 STATE OF FLORIDA, Appellee. _/ Opinion filed January 12, 2018 3.800 Appeal from the Circuit Court for Seminole County, Donna L. Mcintosh, Judge. Michael Fulgham, Sneads, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beac
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MICHAEL FULGHAM, Appellant, v. Case No. 5D17-3178 STATE OF FLORIDA, Appellee. _/ Opinion filed January 12, 2018 3.800 Appeal from the Circuit Court for Seminole County, Donna L. Mcintosh, Judge. Michael Fulgham, Sneads, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach..
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MICHAEL FULGHAM,
Appellant,
v. Case No. 5D17-3178
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed January 12, 2018
3.800 Appeal from the Circuit Court
for Seminole County,
Donna L. Mcintosh, Judge.
Michael Fulgham, Sneads, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Pamela J. Koller,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
Michael Fulgham appeals the trial court’s order denying his motion for additional
jail credit. See Fla. R. Crim. P. 3.801. He argues that in the absence of any evidence
showing he specifically waived credit for jail time, the trial court erred in relying on his
written plea form to deny his motion. We agree and reverse. See Pippins v. State,
147
So. 3d 665, 665-66 (Fla. 5th DCA 2014).
The facts of this case are virtually identical to Pippins, where we reversed an order
summarily denying the appellant’s motion for additional jail credit because the written plea
form did not expressly provide that the appellant waived additional jail credit, and the
appellant specifically alleged that she had not waived the additional credit.
Id. at 665.
Here, despite the notation on the plea form that Fulgham would receive fifty-one days
credit for time served, he insists that he did not waive any additional credit for the time he
served in jail. As such, a factual dispute exists regarding waiver that may require a
hearing. See id.; see also Fla. R. Crim. P. 3.801(e). We, therefore, reverse the order
under review and remand for attachment of additional portions of the record, such as the
plea colloquy, specifically refuting Fulgham’s claim or, in the absence of such records, for
an evidentiary hearing. See
Pippins, 147 So. 3d at 666; Louis v. State,
143 So. 3d 452,
453 (Fla. 5th DCA 2014) ("When, as in this case, a factual dispute exists, and the files
and records do not conclusively show appellant is entitled to no relief, an evidentiary
hearing is generally required.").
REVERSED and REMANDED with instructions.
TORPY, BERGER and WALLIS, JJ., concur.
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