Baker v. State

District Court of Appeal of Florida

Baker v. State

561 So. 2d 1366, 1990 Fla. App. LEXIS 4322, 1990 WL 80816

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 1990

DocketNo. 90-01476

StatusPublished

This text of 561 So. 2d 1366 (Baker 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

Baker v. State, 561 So. 2d 1366, 1990 Fla. App. LEXIS 4322, 1990 WL 80816 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

Ronald Baker timely appeals the summary denial of his motion for jail credit. In his motion, Baker alleges that he was entitled to credit for time spent incarcerated from July 6, 1989 until his sentencing on August 25, 1989. Although the trial judge denied the motion, he did not attach to his order any portion of the files or records to refute Baker’s allegations.

Accordingly, we reverse the order denying the motion and remand the case to the trial court for attachments from the records or files refuting Baker’s allegation. If the court should again deny Baker’s motion, he has thirty days in which to appeal.

SCHEB, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

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PER CURIAM.

Ronald Baker timely appeals the summary denial of his motion for jail credit. In his motion, Baker alleges that he was entitled to credit for time spent incarcerated from July 6, 1989 until his sentencing on August 25, 1989. Although the trial judge denied the motion, he did not attach to his order any portion of the files or records to refute Baker’s allegations.

Accordingly, we reverse the order denying the motion and remand the case to the trial court for attachments from the records or files refuting Baker’s allegation. If the court should again deny Baker’s motion, he has thirty days in which to appeal.

SCHEB, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

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Bluebook (online)

561 So. 2d 1366, 1990 Fla. App. LEXIS 4322, 1990 WL 80816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-state-fladistctapp-1990.