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Bashara v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Jun 14, 2017
219 So. 3d 1013 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D16–5455

06-14-2017

Brian BASHARA, Appellant, v. STATE of Florida, Appellee.

Brian Bashara, pro se.


Brian Bashara, pro se.

Brian Bashara challenges the order denying his motion for jail credit filed under Florida Rule of Criminal Procedure 3.801. We reverse the postconviction court's order and remand for the court to strike Bashara's motion and grant him sixty days to file a sufficiently pleaded amended motion. See Fla. R. Crim. P. 3.801(e) (incorporating, in pertinent part, rule 3.850(f)(2) ).

In his motion for jail credit, Bashara simply asserted that the court file conclusively demonstrated that his award of jail credit was deficient by 200 days; he did not include the detailed facts and allegations required by rule 3.801(c)(1)–(5). Rather than striking the facially insufficient motion and allowing Bashara to amend it as required by rule 3.801(e), the postconviction court entered a detailed order with record attachments finding that Bashara was not entitled to any more jail credit than he was awarded.

On appeal, Bashara filed an initial brief making detailed allegations concerning his claim of jail credit deficiency that the attachments to the postconviction court's order do not refute. Because the postconviction court did not provide Bashara with an opportunity to amend his facially insufficient motion, we reverse and remand with directions for the court to allow Bashara sixty days to amend his motion to comply with rule 3.801(c).

Reversed and remanded with directions.

LaROSE, CRENSHAW, and MORRIS, JJ., Concur.


Summaries of

Bashara v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Jun 14, 2017
219 So. 3d 1013 (Fla. Dist. Ct. App. 2017)
Case details for

Bashara v. State

Case Details

Full title:BRIAN BASHARA, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Jun 14, 2017

Citations

219 So. 3d 1013 (Fla. Dist. Ct. App. 2017)