Damien Broughton v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed the summary denial of Damien Broughton's motion under Florida Rule of Criminal Procedure 3.850 alleging ineffective assistance of counsel and seeking additional jail credit. The court held that Broughton did not provide sufficient evidence showing that he was held in Louisiana or Tennessee solely on the Florida charge, and that credit for incarceration in other jurisdictions is discretionary rather than required by law.

Holdings

1. Florida Statutes section 921.161(1) requires credit for qualifying time spent in a Florida county jail, but it does not create a legal entitlement to credit for incarceration in other jurisdictions.
2. Broughton failed to establish ineffective assistance of counsel because he did not provide sufficient information and documentation to prove that he was held in another state solely on the Florida charge.

Questions Presented

1. Whether Broughton was entitled to credit against his Florida sentence for time spent incarcerated in Louisiana and Tennessee.
2. Whether Broughton established ineffective assistance of counsel based on counsel's alleged failure to obtain credit for the out-of-state incarceration.
3. Whether the trial court erred by summarily denying the Rule 3.850 motion.

Disposition

affirmed