JOHN HENRY DEAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1985-10-09
No. BF-202
BOOTH, C.J., and MILLS and JOANOS, JJ., concur.
476 So. 2d 308 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 4 cases

Opinion of the Court

PER CURIAM.

This cause is before us on appeal from the denial of a 3.850 motion for postconviction relief. The trial court’s order denying the motion is sufficient in all respects except, under ground number three, the trial court failed to attach portions of the record showing the defendant is entitled to no relief as stated by the trial court. Since portions of the record were not attached, as required by Rule 3.850, Florida Rules of Criminal Procedure, we must remand for the necessary attachments.

BOOTH, C.J., and MILLS and JOANOS, JJ., concur.


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  • Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993)
    …support the explanation contained in its order. The only document in our record is one page of the amended sentence. If the documents from the court file support the trial court’s explanation, its ruling would appear to be correct. See Ali v. State, 476 So. 2d 308 (Fla. 2d DCA 1985). The defendant has not alleged under oath any circumstance which would require the trial court to give him jail credit for the period preceding the de-tainer. Accordingly, we reverse the trial court’s order and remand for further…
  • Schmidt v. State, 530 So. 2d 1068 (Fla. 1st DCA 1988)
    …inal charges. In addition, the trial court possesses “inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida.” Kronz v. State, 462 So. 2d 450, 451 (Fla.1985). See also Ali v. State, 476 So. 2d 308 (Fla. 2d DCA 1985); Osteen v. State, 406 So. 2d 1239 (Fla. 2d DCA 1981); Zulla v. State, 404 So. 2d 202 (Fla. 2d DCA 1981). The record in this case does not reflect that the trial court recognized its discretionary authority to award credit for ou…

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