Lacey v. State

District Court of Appeal of Florida

Lacey v. State

805 So. 2d 72, 2002 Fla. App. LEXIS 222, 2002 WL 54572

CourtDistrict Court of Appeal of Florida

DecidedJanuary 16, 2002

DocketNo. 4D01-4113

StatusPublished

This text of 805 So. 2d 72 (Lacey 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

Lacey v. State, 805 So. 2d 72, 2002 Fla. App. LEXIS 222, 2002 WL 54572 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Appellant seeks review of the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he sought jail credit. The trial court failed to attach portions of the record to the appealed order demonstrating that appellant was not entitled to relief, and we find that the motion was legally and factually sufficient.. Thompson v. Wainwright, 447 So.2d 383 (Fla. 4th DCA 1984); Pauldo v. State, 390 [73]*73So.2d 125 (Fla. 4th DCA 1980); Gordon v. State, 379 So.2d 1022 (Fla. 1st DCA 1980).

We reverse and remand with instructions to the lower court to either attach copies of the record which refute appellant’s claim of entitlement to additional jail time credit, or, if necessary, to either conduct a hearing or award the additional credit sought.

POLEN, C.J., STONE and STEVENSON, JJ., concur.

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PER CURIAM.

Appellant seeks review of the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he sought jail credit. The trial court failed to attach portions of the record to the appealed order demonstrating that appellant was not entitled to relief, and we find that the motion was legally and factually sufficient.. Thompson v. Wainwright, 447 So.2d 383 (Fla. 4th DCA 1984); Pauldo v. State, 390 [73]*73So.2d 125 (Fla. 4th DCA 1980); Gordon v. State, 379 So.2d 1022 (Fla. 1st DCA 1980).

We reverse and remand with instructions to the lower court to either attach copies of the record which refute appellant’s claim of entitlement to additional jail time credit, or, if necessary, to either conduct a hearing or award the additional credit sought.

POLEN, C.J., STONE and STEVENSON, JJ., concur.

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805 So. 2d 72, 2002 Fla. App. LEXIS 222, 2002 WL 54572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacey-v-state-fladistctapp-2002.

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