Belcher v. State

District Court of Appeal of Florida

Belcher v. State

488 So. 2d 614, 11 Fla. L. Weekly 1098, 1986 Fla. App. LEXIS 7777

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 1986

DocketNo. 86-929

StatusPublished

This text of 488 So. 2d 614 (Belcher 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

Belcher v. State, 488 So. 2d 614, 11 Fla. L. Weekly 1098, 1986 Fla. App. LEXIS 7777 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Stewart Belcher appeals the summary denial of his motion for post-conviction relief. He alleges that the trial court failed to award full credit for all time spent in jail prior to sentencing on felony charges. The court, denying the motion, did not attach sufficient portions of the record to refute Belcher’s claim. Accordingly, we remand this case with directions either to afford Belcher the credit time to which he claims entitlement or to support the denial of the motion with sufficient record excerpts. If the court again denies the motion, Belcher must file a notice of appeal within thirty days to obtain further appellate review.

Reversed.

LEHAN, A.C.J., and FRANK and SAND-ERLIN, JJ., concur.

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PER CURIAM.

Stewart Belcher appeals the summary denial of his motion for post-conviction relief. He alleges that the trial court failed to award full credit for all time spent in jail prior to sentencing on felony charges. The court, denying the motion, did not attach sufficient portions of the record to refute Belcher’s claim. Accordingly, we remand this case with directions either to afford Belcher the credit time to which he claims entitlement or to support the denial of the motion with sufficient record excerpts. If the court again denies the motion, Belcher must file a notice of appeal within thirty days to obtain further appellate review.

Reversed.

LEHAN, A.C.J., and FRANK and SAND-ERLIN, JJ., concur.

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Bluebook (online)

488 So. 2d 614, 11 Fla. L. Weekly 1098, 1986 Fla. App. LEXIS 7777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belcher-v-state-fladistctapp-1986.