Izard v. State

District Court of Appeal of Florida

Izard v. State

558 So. 2d 210, 1990 Fla. App. LEXIS 1866, 1990 WL 31741

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 1990

DocketNo. 90-00616

StatusPublished

This text of 558 So. 2d 210 (Izard 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

Izard v. State, 558 So. 2d 210, 1990 Fla. App. LEXIS 1866, 1990 WL 31741 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

Kenneth Izard appeals the summary denial of his motion to allow credit for jail time. The trial court denied the motion without an evidentiary hearing, and it failed to attach to its order portions of the record that refute Izard’s allegations. Accordingly, we reverse the summary denial of Izard’s motion and remand for further proceedings. If the trial court should summarily deny the motion again, it shall attach such portions of the record that conclusively refute Izard’s contentions. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

FRANK, A.C.J., and PARKER and ALTENBERND, JJ., concur.

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PER CURIAM.

Kenneth Izard appeals the summary denial of his motion to allow credit for jail time. The trial court denied the motion without an evidentiary hearing, and it failed to attach to its order portions of the record that refute Izard’s allegations. Accordingly, we reverse the summary denial of Izard’s motion and remand for further proceedings. If the trial court should summarily deny the motion again, it shall attach such portions of the record that conclusively refute Izard’s contentions. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

FRANK, A.C.J., and PARKER and ALTENBERND, JJ., concur.

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Bluebook (online)

558 So. 2d 210, 1990 Fla. App. LEXIS 1866, 1990 WL 31741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/izard-v-state-fladistctapp-1990.