Milliord v. State
The Fifth District reversed the summary denial of Milliord's Rule 3.801 motion seeking jail credit for time spent in Indian River County jail on charges related to his Volusia County case. The trial court failed to attach record excerpts conclusively refuting the claim as required for summary denial, and the court flagged that reliance on Gethers v. State may need reassessment in light of Elkins v. State, which allows credit when a defendant is arrested in a foreign county on a warrant from another county.
Key facts
- Milliord filed a Rule 3.801 motion seeking jail credit for time spent in Indian River County jail on charges related to his Volusia County case.
- The trial court summarily denied Milliord's motion without attaching record excerpts to conclusively refute his claim.
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Why it matters
This opinion is useful for practitioners handling jail-credit motions under Rule 3.801, reinforcing the strict record-attachment requirement for summary denial and highlighting unresolved tension between Gethers and… — full analysis with a trial
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