Nelson v. State

District Court of Appeal of Florida

Nelson v. State

613 So. 2d 143, 1993 Fla. App. LEXIS 1432, 1993 WL 25621

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1993

DocketNo. 92-04630

StatusPublished

This text of 613 So. 2d 143 (Nelson 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

Nelson v. State, 613 So. 2d 143, 1993 Fla. App. LEXIS 1432, 1993 WL 25621 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

With one exception, we affirm the trial court’s summary denial of the multitude of motions filed by the appellant subsequent to his judgments and sentences. The one exception is the motions requesting proper jail time credit in circuit court case number 90-014693. The documents from the record attached to the circuit court’s order denying the motion do not adequately refute the appellant’s claim that he did not receive the proper amount of credit in that particular case.

Accordingly, we affirm the trial court’s denial of the appellant’s motions except for those requesting proper jail time credit in case number 90-014693. On those motions only, we reverse and remand for further proceedings. If the trial court again denies the request for additional jail credit, it must attach portions of the record that refute the defendant’s allegations. If the court should again deny appellant’s motion, he has thirty days in which to appeal.

Affirmed in part, reversed in part, and remanded.

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

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PER CURIAM.

With one exception, we affirm the trial court’s summary denial of the multitude of motions filed by the appellant subsequent to his judgments and sentences. The one exception is the motions requesting proper jail time credit in circuit court case number 90-014693. The documents from the record attached to the circuit court’s order denying the motion do not adequately refute the appellant’s claim that he did not receive the proper amount of credit in that particular case.

Accordingly, we affirm the trial court’s denial of the appellant’s motions except for those requesting proper jail time credit in case number 90-014693. On those motions only, we reverse and remand for further proceedings. If the trial court again denies the request for additional jail credit, it must attach portions of the record that refute the defendant’s allegations. If the court should again deny appellant’s motion, he has thirty days in which to appeal.

Affirmed in part, reversed in part, and remanded.

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

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Bluebook (online)

613 So. 2d 143, 1993 Fla. App. LEXIS 1432, 1993 WL 25621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-state-fladistctapp-1993.