DANNY DALE JUDD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANNY DALE JUDD, APPELLANT,
STATE OF FLORIDA, APPELLEE
666 So. 2d 237
Florida District Court of Appeal, Second District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Danny Dale Judd appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. The only claim that merits discussion concerns Judd’s allegation that he is entitled to credit pursuant to State v. Green, 547 So. 2d 925 (Fla.1989). The trial court’s order failed to address this issue. If this allegation is true, Judd may be entitled to relief.
Accordingly, we reverse. On remand, should the trial court again deny the motion, then it must attach portions of the record that refute Judd’s claim. See Clingenpeel v. State, 610 So. 2d 75 (Fla. 2d DCA 1992).
Reversed and remanded.
SCHOONOVER, A.C.J., and BLUE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lopez v. State, 685 So. 2d 1325 (Fla. 2d DCA 1996)…uch cost is proper. However, Lopez’s written sentencing document reflects the imposition of a $150 fine for the Drug Abuse Trust Fund. We strike this cost because the written judgment does not conform to the oral pronouncement. See Shorter v. State, 666 So. 2d 237 (Fla. 2d DCA 1996). Accordingly, we strike the foregoing costs, and we affirm the remaining portion of the judgment and sentence. PATTERSON, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Clingenpeel v. State, 610 So. 2d 75 (Fla. 2d DCA 1992)