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Whitaker v. State

854 So. 2d 249, 2003 Fla. App. LEXIS 13294, 2003 WL 22056376
Procedural entryThis page is a short order in Whitaker v. State. Read the opinion of the Court — 881 So. 2d 80 →
District Court of Appeal of Florida·Decided September 5, 2003·No. No. 1D03-2621·Published

Opinion

PER CURIAM.

The appellant challenges the trial court’s order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach portions of the record conclusively refuting the appellant’s claim for jail credit, we reverse and remand with instructions to either grant relief or attach portions of the record conclusively refuting the appellant’s claim. See Thomas v. State, 634 So.2d 175, 177(Fla. 1st DCA 1994); Azevedo v. State, 769 So.2d 1112 (Fla. 2d DCA 2000).

REVERSED and REMANDED.

ALLEN, DAVIS, and BENTON, JJ., concur.

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Whitaker v. State, 854 So. 2d 249, 2003 Fla. App. LEXIS 13294, 2003 WL 22056376 (Fla. Ct. App. 2003).

854 So. 2d 249 (Whitaker v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Thomas v. State
634 So. 2d 175 (District Court of Appeal of Florida, 1994)
Azevedo v. State
769 So. 2d 1112 (District Court of Appeal of Florida, 2000)