PALOMARES v. State

District Court of Appeal of Florida

PALOMARES v. State

11 So. 3d 426, 2009 Fla. App. LEXIS 5844, 2009 WL 1393408

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 2009

Docket3D09-757

StatusPublished

This text of 11 So. 3d 426 (PALOMARES 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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PALOMARES v. State, 11 So. 3d 426, 2009 Fla. App. LEXIS 5844, 2009 WL 1393408 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

Nelson Palomares (“the defendant”) appeals the summary denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. Because the record does not conclusively refute the defendant’s claim to credit for time served on the incarcerative portion of his split sentence, we reverse and remand for further proceedings. See Isaac v. State, 992 So.2d 304 (Fla. 3d DCA 2008).

Reversed and remanded.

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PER CURIAM.

Nelson Palomares (“the defendant”) appeals the summary denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. Because the record does not conclusively refute the defendant’s claim to credit for time served on the incarcerative portion of his split sentence, we reverse and remand for further proceedings. See Isaac v. State, 992 So.2d 304 (Fla. 3d DCA 2008).

Reversed and remanded.

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11 So. 3d 426, 2009 Fla. App. LEXIS 5844, 2009 WL 1393408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palomares-v-state-fladistctapp-2009.

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