Perkins v. State

District Court of Appeal of Florida

Perkins v. State

801 So. 2d 1054, 2001 Fla. App. LEXIS 18248, 2001 WL 1646909

CourtDistrict Court of Appeal of Florida

DecidedDecember 26, 2001

DocketNo. 1D01-1115

StatusPublished

This text of 801 So. 2d 1054 (Perkins 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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Perkins v. State, 801 So. 2d 1054, 2001 Fla. App. LEXIS 18248, 2001 WL 1646909 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.

The appellant claims an entitlement to jail-credit in case number 00-71CF for all the time he spent in jail from March 2, 2000, the date that he surrendered his bond in that case, to September 7, 2000, [1055]*1055the date that he was sentenced. The trial court summarily denied the appellant’s facially sufficient motion without any supporting attachments. Accordingly, we reverse the order denying relief and remand to the circuit court with directions to either attach record excerpts that conclusively establish that the appellant is not entitled to the credit he seeks, or to grant the relief sought. See State v. Mancino, 714 So.2d 429 (Fla.1998); Diggs v. State, 727 So.2d 346 (Fla. 1st DCA 1999); Davenport v. State, 664 So.2d 323 (Fla. 1st DCA 1995).

REVERSED AND REMANDED.

DAVIS, BENTON and BROWNING, JJ., Concur.

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PER CURIAM.

The appellant challenges the trial court’s summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.

The appellant claims an entitlement to jail-credit in case number 00-71CF for all the time he spent in jail from March 2, 2000, the date that he surrendered his bond in that case, to September 7, 2000, [1055]*1055the date that he was sentenced. The trial court summarily denied the appellant’s facially sufficient motion without any supporting attachments. Accordingly, we reverse the order denying relief and remand to the circuit court with directions to either attach record excerpts that conclusively establish that the appellant is not entitled to the credit he seeks, or to grant the relief sought. See State v. Mancino, 714 So.2d 429 (Fla.1998); Diggs v. State, 727 So.2d 346 (Fla. 1st DCA 1999); Davenport v. State, 664 So.2d 323 (Fla. 1st DCA 1995).

REVERSED AND REMANDED.

DAVIS, BENTON and BROWNING, JJ., Concur.

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Bluebook (online)

801 So. 2d 1054, 2001 Fla. App. LEXIS 18248, 2001 WL 1646909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-state-fladistctapp-2001.

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