DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
MICHAEL HAYNES,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2026-0604
August 28, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Manatee County; Frederick P. Mercurio, Judge.
PER CURIAM.
Michael Haynes appeals from the order summarily denying his motion for correction of jail credit filed under Florida Rule of Criminal Procedure 3.801. We affirm in part and reverse in part.
In his timely filed motion for correction of jail credit, Mr. Haynes sought an additional fifty days of credit for jail time served prior to sentencing alleging that he was entitled to credit from the date of his arrest, May 24, 2024, until December 23, 2025. The postconviction court found that Mr. Haynes' claim was conclusively refuted by the court record and ruled that Mr. Haynes properly received 529 days of credit "for time he spent in jail from his initial date of arrest on May 24, 2024, until his date of sentencing on November 4, 2025."1
The record attachments confirm the postconviction court's findings that Mr. Haynes was arrested on May 24, 2024, and sentenced on November 4, 2025, and that he is not entitled to fifty additional days of credit for jail time served before he was sentenced. However, the postconviction record does not conclusively refute Mr. Haynes' claim as to one additional day of credit. See Fla. R. App. P. 9.141(b)(2)(D) ("On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order must be reversed and the cause remanded for an evidentiary hearing or other appropriate relief."). In DeLeon-Perez v. State, 373 So. 3d 966, 968 (Fla. 2d DCA 2023), this court explained circumstances in which credit for the day of sentencing should be awarded under section 921.161(1), Florida Statutes (2022):
Section 921.161(1) clearly and unequivocally provides
that a defendant must be given credit for all of the time
served in the county jail before sentencing. The statute also
provides the procedure for crediting a defendant for time
spent in the county jail "between sentencing and being placed
in custody of the department." Because Mr. DeLeon-Perez
was not placed in the custody of the Department of
Corrections until the end of the day on March 4, 2022, the
1 The postconviction court explained that it lacked authority to
award credit for jail time served after Mr. Haynes was sentenced and that Mr. Haynes could seek credit for postsentencing jail time through administrative proceedings with the Department of Corrections. See Rogers v. State, 334 So. 3d 672, 673 (Fla. 2d DCA 2021) (noting that the Department of Corrections awards post-sentencing jail credit); Valdespino v. State, 209 So. 3d 64, 66 (Fla. 3d DCA 2016) ("If the defendant has not received postsentencing credit, he may submit his request for this additional time to the DOC. If he is unsuccessful in obtaining the requested relief from the DOC, and he exhausts his administrative remedies, he may then seek mandamus relief.").
2
credit for time served should have been allocated to the time
he spent in the county jail and not his prison sentence . . . . DeLeon-Perez, 373 So. 3d at 968.2 Accordingly, we reverse the postconviction court's order and remand for reconsideration.
Affirmed in part, reversed in part, and remanded.
LUCAS, C.J., and MORRIS and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
2 The same version of section 921.161 was in effect at the time of
Mr. Haynes' sentencing.
3