Opinion
No. 3D18-2082
01-30-2019
Larry Kelsey O'Brien, Appellant, v. The State of Florida, Appellee.
Larry Kelsey O'Brien, in proper person. Ashley Brooke Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 15-24666 An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge. Larry Kelsey O'Brien, in proper person. Ashley Brooke Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee. Before FERNANDEZ, LOGUE and SCALES, JJ. PER CURIAM.
Larry Kelsey O'Brien appeals an order summarily denying his Florida Rule of Criminal Procedure 3.801 motion seeking an additional one hundred seventy days of jail credit. Based on the State's concession that the subject order is defective for failure to comply with the requirements of Florida Rule of Criminal Procedure 3.850(f), we reverse the order and remand for proceedings and adjudication pursuant to the applicable provisions of rule 3.850.
Rule 3.801 expressly incorporates portions of rule 3.850 into a proceeding conducted on a motion for correction of jail credit. See Fla. R. Crim. P. 3.801(e) ("The following subdivisions of Florida Rule of Criminal Procedure 3.850 apply to proceedings under this rule: 3.850(e), (f), (j), (k) and (n)."). --------
Reversed and remanded with instructions.