DEXTER JEROME LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-11-17
No. 89-02886
DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
552 So. 2d 309 Florida District Court of Appeal, Second District (1989) Caution
Cited by 24 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Dexter J. Lee appeals the summary denial of his motion to allow credit for jail time. Although the trial court denied the motion without an evidentiary hearing, finding that Lee was correctly credited for jail time, it did not attach to its order portions of the record which refute Lee’s allegations. Accordingly, we reverse the summary denial of Lee’s motion and remand for further proceedings. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute Lee’s allegation. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.


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Citator

Cited By (12 total)

  • Brooks v. State, 762 So. 2d 879 (Fla. 2000)
    …cretion by finding that the officer qualified, through his training and extensive work experience, as an ‘expert’ in marijuana identification.” Id. (citing, among other authorities, section 90.702, Florida Statutes (1983)); cf., e.g., Pama v. State, 552 So. 2d 309, 311 (Fla. 2d DCA 1989) (determining that the State adequately proved substance was marijuana based on experienced law enforcement officer’s examination and identification of the substance); Dean v. State, 406 So. 2d 1162, 1164 (Fla. 2d DCA 1981) (f…
  • Sinclair v. State, 995 So. 2d 552 (Fla. 3d DCA 2008)
    …ans). Adhering to the majority view, the courts of this state — including our own — have long been willing to allow experienced law enforcement personnel to identify substances such as marijuana without resorting to chemical analysis. Pama v. State, 552 So. 2d 309, 311 (Fla. 2d DCA 1989) (“It is not necessary for the [S]tate to prove the identification of marijuana by chemical or scientific means.”); A.A. v. State, 461 So. 2d 165, 166 (Fla. 3d DCA 1984) (permitting officer with “four years in a special narcot…
  • Sheridan v. State, 850 So. 2d 638 (Fla. 2d DCA 2003)
    …be insufficient to establish the identity of a white powder, there are other methods by which the State can establish identity. Obviously, chemical testing is one of those methods, but it is not the only method of proving identity. In Pama v. State, 552 So. 2d 309, 311 (Fla. 2d DCA 1989), this court held: The state may prove the identity of a controlled substance by circumstantial evidence such as the substance’s appearance, odor, and packaging, by the circumstances under which the substance was seized, the…
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