Martin v. State

729 So. 2d 1010, 1999 Fla. App. LEXIS 4665, 1999 WL 202035
Procedural entryThis page is a short order in Martin v. State. Read the opinion of the Court — 711 So. 2d 1173
District Court of Appeal of Florida·Decided April 13, 1999·No. No. 98-3809·Published

Opinion

PER CURIAM.

The trial court summarily denied Martin’s 3.850 motion, but failed to attach any record evidence that conclusively refutes his allegations that he was improperly denied jail time credit. See Odum v. State, 700 So.2d 388 (Fla. 1st DCA 1997); Brown v. State, 689 So.2d 1287 (Fla. 1st DCA 1997). Accordingly, we reverse the trial court’s order and remand for attachment of record evidence [1011]*1011conclusively refuting his allegations or for an evidentiary hearing.

ERVIN, BOOTH and BENTON, JJ., CONCUR.

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Martin v. State, 729 So. 2d 1010, 1999 Fla. App. LEXIS 4665, 1999 WL 202035 (Fla. Ct. App. 1999).

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Related

Brown v. State
689 So. 2d 1287 (District Court of Appeal of Florida, 1997)
Odum v. State
700 So. 2d 388 (District Court of Appeal of Florida, 1997)