MOYA V. STATE
Annotate this Case
Download PDF
Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed August 3, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-1188 Lower Tribunal No. 08-34197 ________________ Melvin Moya, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Leon M. Firtel, Judge. Melvin Moya, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before RAMIREZ, SUAREZ, and SALTER, JJ. SUAREZ, J. Melvin Moya appeals from an order denying his motion under Florida Rule of Criminal Procedure 3.800(a) requesting credit for additional jail time served prior to sentencing. We reverse. Moya maintains that jail records establish his entitlement to 281 presentencing days served, and that he was credited with only fifty-five days for time served. On appeal from a summary denial, this Court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A), and (D). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. Varela v. State, 29 So. 3d 398, 399 (Fla. 3d DCA 2010). If the trial court once again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts, including transcripts or jail cards, that conclusively show that the appellant is not entitled to the credit for time served as sought. Reversed and remanded. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
