JUDITH K. CUEVAS, APPELLANT,

v.

ROBERT A. CUEVAS, JR., APPELLEE

Citator

Cited By

• Fenelon v. State, 932 So. 2d 431 (Fla. 4th DCA 2006)
  …h record evidence to refute the facially sufficient claim that the ten-year sentence for battery while in a detention facility exceeded the five-year statutory maximum for a third-degree felony. See § 784.082(3), Fla. Stat. (1999); Johnson v. State, 665 So. 2d 380 (Fla. 4th DCA 1996) (holding that the trial court must attach portions of the record conclusively refuting a legally sufficient 3.800(a) claim). Accordingly, we reverse and remand for attachment of portions of the record refuting appellant’s claim…
• Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006)
  …motion. The trial court failed to attach portions of the record conclusively refuting appellant’s legally sufficient claim. Goldbach v. State, 906 So. 2d 349 (Fla. 4th DCA 2005); Torres v. State, 830 So. 2d 917 (Fla. 4th DCA 2002); Johnson v. State, 665 So. 2d 380 (Fla. 4th DCA 1996); Thomas v. State, 667 So. 2d 440 (Fla. 4th DCA 1996). The state’s attempt to provide such record evidence for the first time in this appeal is improper. Cuevas v. State, 907 So. 2d 655 (Fla. 4th DCA 2005); Saunders v. State, 66…
• Rudicil v. State, 31 So. 3d 328 (Fla. 4th DCA 2010)
  …that he is entitled to credit for time served. Fenelon v. State, 932 So. 2d 431, 431 (Fla. 4th DCA 2006) (holding that trial court must attach portions of record conclusively refuting a legally sufficient 3.800(a) claim)(relying on Johnson v. State, 665 So. 2d 380 (Fla. 4th DCA 1996)). The State argued before the trial court that the record refuted Rudicil’s claim because the trial court noted on the sentencing sheet that Rudicil entered a negotiated plea, and that per the terms of the plea, had waived entitl…

Authorities Cited

• Rubin v. Rubin, 624 So. 2d 366 (Fla. 3d DCA 1993)