Fennell v. State

District Court of Appeal of Florida

Fennell v. State

585 So. 2d 509, 1991 Fla. App. LEXIS 9334, 1991 WL 183853

CourtDistrict Court of Appeal of Florida

DecidedSeptember 20, 1991

DocketNo. 91-02781

StatusPublished

This text of 585 So. 2d 509 (Fennell 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

Fennell v. State, 585 So. 2d 509, 1991 Fla. App. LEXIS 9334, 1991 WL 183853 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

James P. Fennell timely appeals the summary denial of his motion seeking credit for jail time. Attached to the order denying Fennell’s motion are his sentences which reflect that Fennell was given a certain amount of stipulated jail time credit. However, there is no documentation of the stipulation attached to the circuit court’s order.

Accordingly, we reverse the denial of the motion and remand to the circuit court for attachment of any documents or other evidence contained in the record that support the denial of the motion. Unless the record conclusively shows that appellant is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute appellant’s allegations. If the court should again deny the appellant’s motion, he has thirty days in which to appeal.

Reversed and remanded.

SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.

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PER CURIAM.

James P. Fennell timely appeals the summary denial of his motion seeking credit for jail time. Attached to the order denying Fennell’s motion are his sentences which reflect that Fennell was given a certain amount of stipulated jail time credit. However, there is no documentation of the stipulation attached to the circuit court’s order.

Accordingly, we reverse the denial of the motion and remand to the circuit court for attachment of any documents or other evidence contained in the record that support the denial of the motion. Unless the record conclusively shows that appellant is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute appellant’s allegations. If the court should again deny the appellant’s motion, he has thirty days in which to appeal.

Reversed and remanded.

SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.

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Bluebook (online)

585 So. 2d 509, 1991 Fla. App. LEXIS 9334, 1991 WL 183853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fennell-v-state-fladistctapp-1991.