Figueroa v. State

District Court of Appeal of Florida

Figueroa v. State

36 So. 3d 852, 2010 Fla. App. LEXIS 7619, 2010 WL 2178764

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 2010

Docket3D10-341

StatusPublished

This text of 36 So. 3d 852 (Figueroa 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.

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Figueroa v. State, 36 So. 3d 852, 2010 Fla. App. LEXIS 7619, 2010 WL 2178764 (Fla. Ct. App. 2010).

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Opinion

SUAREZ, J.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).

Because the record now before us fails to conclusively refute the defendant’s claim that he is owed 2,460 days of credit for time served in prison on the original incar- *853 cerative portion of his sentence, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts that conclusively refute the defendant’s claim that he is owed 2,460 days of credit for time served.

Reversed and remanded for further proceedings.

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SUAREZ, J.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(A), (D).

Because the record now before us fails to conclusively refute the defendant’s claim that he is owed 2,460 days of credit for time served in prison on the original incar- *853 cerative portion of his sentence, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts that conclusively refute the defendant’s claim that he is owed 2,460 days of credit for time served.

Reversed and remanded for further proceedings.

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Bluebook (online)

36 So. 3d 852, 2010 Fla. App. LEXIS 7619, 2010 WL 2178764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/figueroa-v-state-fladistctapp-2010.