Glegg v. State

District Court of Appeal of Florida

Glegg v. State

592 So. 2d 1254, 1992 Fla. App. LEXIS 900, 1992 WL 20026

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1992

DocketNo. 91-04131

StatusPublished

This text of 592 So. 2d 1254 (Glegg 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

Glegg v. State, 592 So. 2d 1254, 1992 Fla. App. LEXIS 900, 1992 WL 20026 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Timothy Scott Glegg appeals the summary denial of his motion for jail time credit, filed pursuant to Florida Rule of Criminal Procedure 3.800. Although the motion is facially sufficient, the trial judge failed to attach to his order any portion of the files or record to refute Glegg’s allegation.

Accordingly, we reverse the order denying Glegg’s motion and remand the case to the trial court. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute Glegg’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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PER CURIAM.

Timothy Scott Glegg appeals the summary denial of his motion for jail time credit, filed pursuant to Florida Rule of Criminal Procedure 3.800. Although the motion is facially sufficient, the trial judge failed to attach to his order any portion of the files or record to refute Glegg’s allegation.

Accordingly, we reverse the order denying Glegg’s motion and remand the case to the trial court. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute Glegg’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.

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Bluebook (online)

592 So. 2d 1254, 1992 Fla. App. LEXIS 900, 1992 WL 20026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glegg-v-state-fladistctapp-1992.