KIBWIKA v. STATE, 142 So.3d 975 (2014)
Court: Court of Appeals of Florida
Number: inflco20140723182
Visitors: 1
Filed: Jul. 23, 2014
Latest Update: Jul. 23, 2014
Summary: PER CURIAM. Ande Kibwika appeals an order denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800. 1 The motion is legally sufficient and warrants further review. Kibwika pointed to the dates referenced within the probable cause affidavit and the final disposition following his trial. Significantly, he alleged that he was never released on bond. Consequently, Kibwika met his burden to demonstrate entitlement to relief on the face of the record. See Johnso
Summary: PER CURIAM. Ande Kibwika appeals an order denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800. 1 The motion is legally sufficient and warrants further review. Kibwika pointed to the dates referenced within the probable cause affidavit and the final disposition following his trial. Significantly, he alleged that he was never released on bond. Consequently, Kibwika met his burden to demonstrate entitlement to relief on the face of the record. See Johnson..
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PER CURIAM.
Ande Kibwika appeals an order denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800.1 The motion is legally sufficient and warrants further review. Kibwika pointed to the dates referenced within the probable cause affidavit and the final disposition following his trial. Significantly, he alleged that he was never released on bond. Consequently, Kibwika met his burden to demonstrate entitlement to relief on the face of the record. See Johnson v. State, 60 So.3d 1045, 1051 (Fla.2011). See also Green v. State, 979 So.2d 395, 395-96 (Fla. 2d DCA 2008).
Reversed and remanded for further proceedings.
GROSS, STEVENSON and CONNER, JJ., concur.
FootNotes
1. Appellant's motion predated the enactment of Florida Rule of Criminal Procedure 3.801.
Source: Leagle
