Glover v. State

District Court of Appeal of Florida

Glover v. State

598 So. 2d 85, 1992 Fla. App. LEXIS 2212, 1992 WL 35390

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 1992

DocketNo. 92-00481

StatusPublished

Cited by1 cases

This text of 598 So. 2d 85 (Glover 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

Glover v. State, 598 So. 2d 85, 1992 Fla. App. LEXIS 2212, 1992 WL 35390 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

Willie J. Glover, Jr., timely appeals the summary denial of his motion to allow credit for jail time. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or records to refute appellant’s allegations.

Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evi-dentiary hearing is required. If the court should again deny appellant’s motion, he has thirty days in which to appeal.

Reversed and remanded.

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

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