Daugherty v. State

728 So. 2d 325, 1999 Fla. App. LEXIS 2416, 1999 WL 111430
CourtDistrict Court of Appeal of Florida
DecidedMarch 5, 1999
DocketNo. 98-04414
StatusPublished

This text of 728 So. 2d 325 (Daugherty 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
Daugherty v. State, 728 So. 2d 325, 1999 Fla. App. LEXIS 2416, 1999 WL 111430 (Fla. Ct. App. 1999).

Opinion

PER CURIAM.

David A. Daugherty appeals the summary denial of his motion to allow credit for jail time. We reverse.

The order denying the motion is inconsistent, and appears to have been entered in error. In one paragraph, the court supports awarding Daugherty additional credit, but the last sentence in that paragraph is unfinished, and the court ultimately denied the motion. In addition, none of the documents identified in the order are attached to it.

The trial court is directed to reconsider the motion. If the court denies the claim, it should attach those portions of the record which conclusively refute Daugherty’s allegations.

Reversed and remanded.

FULMER, A.C.J., and NORTHCUTT and GREEN, JJ., Concur.

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Bluebook (online)
728 So. 2d 325, 1999 Fla. App. LEXIS 2416, 1999 WL 111430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daugherty-v-state-fladistctapp-1999.