KEVIN L. WEEMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in summarily denying the motion to correct an illegal sentence without attaching records refuting the defendant's allegations.
The defendant alleged he was not properly credited for jail time served prior to sentencing. The trial court denied the motion, finding the claim unsu…
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PARKER, Judge.
Kevin L. Weems appeals from a summary denial of his motion to correct an illegal sentence. Weems alleged in his motion that the trial court had not properly credited the time he spent in jail prior to sentencing. Specifically, Weems alleged that he was incarcerated in the Hillsborough County Jail from April 24, 1991, until March 17, 1992, and was entitled to 328 days credit for time spent in the jail toward his sentence which the trial court imposed on March 17, 1992. Weems contended that the trial court awarded him only sixty-two days credit for jail time served prior to sentencing.
The trial court denied the motion, finding that Weems’s claim for 328 days jail credit was not substantiated by the court’s records. The trial court attached a computer-generated ease progress print-out which reflected, among other things, Weems’s charges, sentencing date, sentence, and jail time credit. However, the trial court’s order denying relief must include attachments which refute Weems’s allegations that he was incarcerated from April 24, 1991, to March 17, 1992. See Phelps v. State, 561 So. 2d 32 (Fla. 2d DCA 1990).
We reverse the summary denial of Weems’s motion and remand this matter to the trial court. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute the allegations of Weems. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.
Reversed and remanded.
RYDER, A.C.J., and DANAHY, J., concur.
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Gibson v. State, 642 So. 2d 43 (Fla. 2d DCA 1994)…trial court reconsider the motion and render an appropriate order susceptible of review. If the trial court again summarily denies the motion, it must attach such portions of the record that conclusively refute Gibson’s allegations. Weems v. State, 627 So. 2d 575 (Fla. 2d DCA 1993). Appeal dismissed; remanded with directions. CAMPBELL, A.C.J., and SCHOONOVER, J., concur.…
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Turner v. State, 667 So. 2d 882 (Fla. 2d DCA 1996)…nsider the motion and render an appropriate order susceptible of this court’s review. If the trial court again summarily denies the motion, it must attach such portion of the record that conclusively refutes Turner’s allegations. See Weems v. State, 627 So. 2d 575 (Fla. 2d DCA 1993). Appeal dismissed; remanded with directions. FRANK, A.C.J., and LAZZARA, J., concur.…
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Davenport v. State, 640 So. 2d 1225 (Fla. 2d DCA 1994)…ion and render an appropriate order addressing the issues raised by Davenport. If the trial court again summarily denies the motion, it must attach such portions of the record that [*1226] conclusively refute Davenport’s allegations. Weems v. State, 627 So. 2d 575 (Fla. 2d DCA 1993). Any party aggrieved by the trial court’s subsequent order must file a notice of appeal within thirty days of rendition of such order to obtain appellate review. Appeal dismissed; remanded with directions. PARKER, A.C.J., and AL…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stafford v. State, 561 So. 2d 32 (Fla. 5th DCA 1990)
- Phelps v. State, 561 So. 2d 32 (Fla. 2d DCA 1990)