RAUL LEVERETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAUL LEVERETT, APPELLANT,
STATE OF FLORIDA, APPELLEE
658 So. 2d 639
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Raul Leverett has appealed the denial of his motion brought pursuant to Florida Rule of Criminal Procedure 3.800(a). The motion raised jail and gain time credit issues which the trial court summarily denied. Because the order was unaccompanied by any documentation to support the denial of relief, we reverse and remand this cause.
On remand, the trial court may again deny relief and attach to its order those portions of the record which support its decision. The trial court may also, at its discretion, order the state to respond, or conduct an evidentiary hearing in order to resolve Leverett’s claims.
Reversed and remanded.
THREADGILL, C.J., and CAMPBELL and WHATLEY, JJ., concur.
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Monty Pavey v. State, 720 So. 2d 563 (Fla. 2d DCA 1998)…e limit for Pavey to file a rule 3.850 motion has expired during the pendency of this appeal, Pavey shall have thirty days from the date of the mandate following this opinion to file a corrected motion and memorandum of law. See Haughbrook v. State, 658 So. 2d 639 (Fla. 2d DCA 1995); Miller v. State, 617 So. 2d 332 (Fla. 2d DCA 1993). Affirmed. CAMPBELL, A.C.J., and PATTERSON and CASANUEVA, JJ., concur.…
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Hickey v. State, 763 So. 2d 1213 (Fla. 1st DCA 2000)…ufficient amended motion. See Rivet v. State, 618 So. 2d 377 (Fla. 5th DCA 1993); Morais v. State, 640 So. 2d 1227 (Fla. 2d DCA 1994). The Second District has specifically permitted the movant 30 days within which to refile. See Haughbrook v. State, 658 So. 2d 639 (Fla. 2d DCA 1995). In other cases, this court has given parties a short period of time to file a procedurally conforming motion, where the original motion was timely filed. See Barfield v. State, 671 So. 2d 820 (Fla. 1st DCA 1996); Melton v. State…
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Daniels v. State, 685 So. 2d 1344 (Fla. 2d DCA 1996)…expiration of the two-year time limitation. Morais v. State, 640 So. 2d 1227, 1228 (Fla. 2d DCA 1994). Submission of the corrected motion within thirty days of the order is clearly a prompt refiling under the circumstances. See Haughbrook v. State, 658 So. 2d 639, 640 (Fla. 2d DCA 1995); Miller v. State, 617 So. 2d 332, 333 (Fla. 2d DCA 1993). Accordingly, we reverse the order of dismissal and remand for the trial court to rule on the merits of the motion. Reversed and remanded. SCHOONOVER, A.C.J., and B…