Judd v. State

District Court of Appeal of Florida

Judd v. State

666 So. 2d 237, 1996 Fla. App. LEXIS 57, 1996 WL 1149

CourtDistrict Court of Appeal of Florida

DecidedJanuary 3, 1996

DocketNo. 95-02145

StatusPublished

This text of 666 So. 2d 237 (Judd 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

Judd v. State, 666 So. 2d 237, 1996 Fla. App. LEXIS 57, 1996 WL 1149 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

Danny Dale Judd appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. The only claim that merits discussion concerns Judd’s allegation that he is entitled to credit pursuant to State v. Green, 547 So.2d 925 (Fla.1989). The trial court’s order failed to address this issue. If this allegation is true, Judd may be entitled to relief.

Accordingly, we reverse. On remand, should the trial court again deny the motion, then it must attach portions of the record that refute Judd’s claim. See Clingenpeel v. State, 610 So.2d 75 (Fla. 2d DCA 1992).

Reversed and remanded.

SCHOONOVER, A.C.J., and BLUE and WHATLEY, JJ., concur.

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