KENNETH WAYNE ABNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH WAYNE ABNEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
661 So. 2d 139
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Kenneth Wayne Abney appeals from the order denying his rule 3.800 motion seeking credit for time served in jail prior to his sentence. It may well be that the trial court was correct in his ruling but we are unable to so determine because he failed to attach the appropriate portion of the record to his order. See Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993).
Reversed and remanded with instructions to either hold an evidentiary hearing or make the appropriate attachment to the order. PETERSON, C.J., and DAUKSCH and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Zygadlo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996)…documents refuting Zygad-lo’s claim that he served time in the Putnam County jail following his extradition before being tried in Florida, or to amend the judg [*1017] ment and sentence to provide for the additional jail credit. See Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995) (denial of 3.800 motion for jail credit reversed where court failed to attached appropriate record). We also remand to the trial court to strike the illegal condition of “hard labor” because there is no statute that authorizes…
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…a) claim.”); Stevens v. State, 818 So. 2d 599 (Fla. 5th DCA 2002); Brown v. State, 816 So. 2d 1142 (Fla. 5th DCA [*642] 2002); Humphrey v. State, 810 So. 2d 965 (Fla. 2d DCA 2002); Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001); Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995) (“Kenneth Wayne Abney appeals from the order denying his rule 3.800 motion seeking credit for time served in jail prior to his sentence. It may well be that the trial court was correct in his ruling but we are unable to so determ…
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Bliss M. Thomas v. State, 854 So. 2d 743 (Fla. 5th DCA 2003)…a prima facie claim is asserted that the record shows an entitlement to jail time credit, the burden is on the trial court to attach portions of the record to refute the claim. See Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001); Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995). The state’s attempt to provide such documentation to this court in response to this court’s order [*744] to show cause does not cure the defect.1 See Worthington v. State, 667 So. 2d 1023 (Fla. 5th DCA 1996). The order denyin…
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- Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993)