Mattison v. State

District Court of Appeal of Florida

Mattison v. State

7 So. 3d 621, 2009 Fla. App. LEXIS 2878, 2009 WL 928632

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 2009

Docket3D09-557

StatusPublished

Cited by1 cases

This text of 7 So. 3d 621 (Mattison 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.

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Mattison v. State, 7 So. 3d 621, 2009 Fla. App. LEXIS 2878, 2009 WL 928632 (Fla. Ct. App. 2009).

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Opinion

WELLS, J.

Desmond Mattison appeals from an order summarily denying his Florida Rule of Criminal Procedure 3.800(a) motion for additional credit for time served. On appeal from a summary denial, this court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A), (D).

Because the record now before us fails to conclusively refute the defendant’s claim, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the motion, the court shall attach record excerpts conclusively showing that the appellant is entitled to no relief. See Taylor v. State, 970 So.2d 370, 371 (Fla. 3d DCA 2007); Dorn v. State, 928 So.2d 507, 508 (Fla. 3d DCA 2006); Lee v. State, 907 So.2d 1264,1265 (Fla. 3d DCA 2005).

Reversed and remanded for further proceedings.

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WELLS, J.

Desmond Mattison appeals from an order summarily denying his Florida Rule of Criminal Procedure 3.800(a) motion for additional credit for time served. On appeal from a summary denial, this court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A), (D).

Because the record now before us fails to conclusively refute the defendant’s claim, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the motion, the court shall attach record excerpts conclusively showing that the appellant is entitled to no relief. See Taylor v. State, 970 So.2d 370, 371 (Fla. 3d DCA 2007); Dorn v. State, 928 So.2d 507, 508 (Fla. 3d DCA 2006); Lee v. State, 907 So.2d 1264,1265 (Fla. 3d DCA 2005).

Reversed and remanded for further proceedings.

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7 So. 3d 621, 2009 Fla. App. LEXIS 2878, 2009 WL 928632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattison-v-state-fladistctapp-2009.

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