TANYA SINGLETON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-10-09
No. 87-2191
RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
513 So. 2d 772 Florida District Court of Appeal, Second District (1987) Negative Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Tanya Singleton appeals the summary denial of her motion to allow credit for jail time. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or record to refute appellant’s allegation.

Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evidentiary hearing is required. If the court should again deny appellant’s motion, she has thirty days in which to appeal.

Reversed and remanded.

RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.


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  • Haag v. State, 591 So. 2d 614 (Fla. 1992)
    …earlier precedent in this jurisdiction. The opinions of the district courts in Lindsay v. State, 579 So. 2d 350 (Fla. 1st DCA 1991), Ruggirello v. State, 566 So. 2d 30 (Fla. 4th DCA), review dismissed, 569 So. 2d 1280 (Fla.1990), Clifford v. State, 513 So. 2d 772 (Fla. 2d DCA 1987), and Tucker v. Wainwright, 235 So. 2d 38 (Fla. 2d DCA 1970), contain re- [*618] suits or analyses inconsistent with our views and accordingly are disapproved to the extent that they conflict with this opinion. We also are receding…
  • Sparre v. State, 164 So. 3d 1183 (Fla. 2015)
    …earlier precedent in this jurisdiction. The opinions of the district courts in Lindsay v. State, 579 So. 2d 350 (Fla. 1st DCA 1991), Ruggirello v. State, 566 So. 2d 30 (Fla. 4th DCA), review dismissed, 569 So. 2d 1280 (Fla.1990), Clifford v. State, 513 So. 2d 772 (Fla. 2d DCA 1987), and Tucker v. Wainwright, 235 So. 2d 38 (Fla. 2d DCA 1970), contain results or analyses incon [*1199] sistent with our views and accordingly are disapproved to the extent that they conflict with this opinion. We also are receding…
  • Lindsay v. State, 579 So. 2d 350 (Fla. 1st DCA 1991)
    …(Fla.1973). Until the supreme court changes the law, a prisoner who hands the notice of appeal to prison authorities for mailing the day before it is due cannot blame prison authorities for the notice reaching the court late. See Clifford v. State, 513 So. 2d 772, 774 (Fla. 2d DCA 1987). Prisoners must take into account their inability to hand deliver the notice of appeal and prepare and mail the notice sufficiently in advance of the due date to reach the proper tribunal in a timely manner. Finally, we note…

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