RUBEN GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RUBEN GREEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
581 So. 2d 253
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Appellant seeks review of an order that denied his motion for jail time credit. The trial court failed to attach to its order portions of the record that conclusively refute appellant’s allegations. Accordingly, we reverse the trial court’s order 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 appellant’s allegations. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.
RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wood v. State, 593 So. 2d 557 (Fla. 5th DCA 1992)…ecommends a sentence of life imprisonment and a life imprisonment sentence is imposed and consecutive sentences are imposed on other counts at the same time the life sentence is imposed, see Rease v. State, 493 So. 2d 454 (Fla.1986); Green v. State, 581 So. 2d 253 (Fla. 5th DCA 1991); Lewis v. State, 550 So. 2d 144 (Fla. 1st DCA 1989), the life imprisonment sentence is a departure sentence because, by being consecutive, the defendant does not commence service of the life sentence until after the expiration of…
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Darius Toussaint v. State, 592 So. 2d 770 (Fla. 5th DCA 1992)…at a trial court may, following reversal and remand for resentencing, still depart where the court was unaware in • the initial sentencing that it had imposed a departure sentence. See State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Green v. State, 581 So. 2d 253 (Fla. 5th DCA 1991); Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA 1991), rev. denied, 589 So. 2d 291 (1991); Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990). In any event this is a negotiated plea case, and if the trial court properly dete…
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Netherly v. State, 608 So. 2d 911 (Fla. 2d DCA 1992)…utively to the life sentence. It is a departure sentence to impose life followed by a term of years when the recommended sentence is life. Rease v. State, 493 So. 2d 454 (Fla. 1986); Wood v. State, 593 So. 2d 557 (Fla. 5th DCA 1992); Green v. State, 581 So. 2d 253 (Fla. 5th DCA 1991). The trial court erred by failing to supply written reasons to justify the departure sentence it imposed. Accordingly, we affirm the convictions for armed burglary, armed robbery, possession of a firearm by a convicted felon, se…