Floyd v. State

District Court of Appeal of Florida

Floyd v. State

735 So. 2d 504, 1999 Fla. App. LEXIS 463, 1999 WL 22398

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 1999

DocketNo. 98-2441

StatusPublished

Cited by1 cases

This text of 735 So. 2d 504 (Floyd 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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Floyd v. State, 735 So. 2d 504, 1999 Fla. App. LEXIS 463, 1999 WL 22398 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Appellant appeals an order denying his motion to correct his sentence under Florida Rule of Criminal Procedure 3.800(a). The defendant alleges that court records reflect that he spent 131 days in jail, and while the trial court orally announced that he was to receive credit for time served, the written judgment and sentence do not reflect the proper credit. The basis of denial was that jail credit was properly awarded; however, the portions of the record which might support this conclusion are not attached to the order. Appellant’s motion states a preliminary basis for relief pursuant to rule 3.800(a). See State v. [505]*505Mancino, 714 So.2d 429, 433 (Fla.1998); Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998); Corp v. State, 698 So.2d 1349, 1349 (Fla. 1st DCA 1997).

Accordingly, we reverse and remand either for attachment of the record that conclusively shows that appellant is not entitled to relief, or for further proceedings.

REVERSED AND REMANDED WITH DIRECTIONS.

MINER, WOLF and PADOVANO, JJ., concur.

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PER CURIAM.

Appellant appeals an order denying his motion to correct his sentence under Florida Rule of Criminal Procedure 3.800(a). The defendant alleges that court records reflect that he spent 131 days in jail, and while the trial court orally announced that he was to receive credit for time served, the written judgment and sentence do not reflect the proper credit. The basis of denial was that jail credit was properly awarded; however, the portions of the record which might support this conclusion are not attached to the order. Appellant’s motion states a preliminary basis for relief pursuant to rule 3.800(a). See State v. [505]*505Mancino, 714 So.2d 429, 433 (Fla.1998); Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998); Corp v. State, 698 So.2d 1349, 1349 (Fla. 1st DCA 1997).

Accordingly, we reverse and remand either for attachment of the record that conclusively shows that appellant is not entitled to relief, or for further proceedings.

REVERSED AND REMANDED WITH DIRECTIONS.

MINER, WOLF and PADOVANO, JJ., concur.

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735 So. 2d 504, 1999 Fla. App. LEXIS 463, 1999 WL 22398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/floyd-v-state-fladistctapp-1999.

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