ERVIN WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1988-11-15
No. 88-1164
SMITH, C.J., and NIMMONS, J., concur.
533 So. 2d 331 Florida District Court of Appeal, First District (1988) Caution
Cited by 3 cases
Topics
Single Criminal Episode Mandatory Minimum Sentence

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Opinion of the Court
MILLS, Judge.

MILLS, Judge.

Ervin Williams appéals the summary denial of his motion for post-conviction relief filed pursuant to Rule 3.850, Fla.R.Crim.P. We reverse.

In his motion appellant argued that the trial court improperly imposed two consecutive three year minimum mandatory sentences for his convictions for second degree murder and attempted first degree murder. Appellant contends that these offenses arose out of a single criminal episode. If his allegations are true, appellant may be entitled to relief under Palmer i). State, 438 So. 2d 1 (Fla.1983).

However, the trial court summarily denied the motion without attaching portions of the record which conclusively show that appellant is not entitled to relief.

Accordingly, we reverse and remand for the trial court to either attach those portions of the record which establish that appellant is entitled to no relief, or for further proceedings pursuant to Rule 3.850.

SMITH, C.J., and NIMMONS, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Pacheco v. State, 565 So. 2d 832 (Fla. 2d DCA 1990)
    …t for time served in one jurisdiction while being held for another; Radley v. State, 372 So. 2d 1179 (Fla. 2d DCA 1979); he would not be entitled to credit for jail time attributable solely to an unrelated foreign charge. See, e.g., Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988); Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983). To the extent Pacheco seeks credit for gain time, he asserts only that the present sentence was “imposed after revocation of probation which was part of [a] probationary split…
  • Patterson v. State, 815 So. 2d 677 (Fla. 1st DCA 2002)
    …st DCA 1986), review denied by Whitney v. State, 503 So. 2d 328 (Fla.1987). The appellant is not entitled to jail credit in case number 99-46 for the time spent in D.O.C. on case number 99-31 because the two cases are unrelated. See Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988). Because the appellant appears to be entitled to 148 days of jail credit in case number 99-46, we reverse the summary denial of this claim and remand for the trial court to attach portions of the record which conclusively refute…
  • Gildow v. State, 700 So. 2d 769 (Fla. 2d DCA 1997)
    …s, that he is entitled to that DOC time served after the trial court originally imposed community control. First, that DOC time is on a. wholly unrelated matter for which he was sentenced before being placed on community control. In Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988), the First District held that the defendant was not entitled to credit at his sentencing for violation of probation for time he had served in state prison for an unrelated offense. Second, the DOC time was not time served awaitin…

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