Averette v. State

District Court of Appeal of Florida

Averette v. State

841 So. 2d 555, 2003 Fla. App. LEXIS 3068, 2003 WL 885438

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 2003

DocketNo. 1D02-4197

StatusPublished

This text of 841 So. 2d 555 (Averette v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Averette v. State, 841 So. 2d 555, 2003 Fla. App. LEXIS 3068, 2003 WL 885438 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The appellant challenges the trial court’s order summarily denying his rule 3.800 [556]*556motion for jail credit. The appellant has made a facially sufficient claim for jail credit under rule 3.800 by providing the dates for which he is seeking credit, the date of his sentence, and alleging that the jail certificate would show that he is entitled to credit. See Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); State v. Mancino, 714 So.2d 429, 433 (Fla.1998). The trial court failed to reference or attach any records refuting the appellant’s allegations. We accordingly reverse and remand for the trial court to support its denial with record attachments or to grant the relief sought.

REVERSED and REMANDED.

BOOTH, BENTON and POLSTON, JJ., concur.

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PER CURIAM.

The appellant challenges the trial court’s order summarily denying his rule 3.800 [556]*556motion for jail credit. The appellant has made a facially sufficient claim for jail credit under rule 3.800 by providing the dates for which he is seeking credit, the date of his sentence, and alleging that the jail certificate would show that he is entitled to credit. See Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); State v. Mancino, 714 So.2d 429, 433 (Fla.1998). The trial court failed to reference or attach any records refuting the appellant’s allegations. We accordingly reverse and remand for the trial court to support its denial with record attachments or to grant the relief sought.

REVERSED and REMANDED.

BOOTH, BENTON and POLSTON, JJ., concur.

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Bluebook (online)

841 So. 2d 555, 2003 Fla. App. LEXIS 3068, 2003 WL 885438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/averette-v-state-fladistctapp-2003.

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