ROBERT SHANNON MOODY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed and remanded because the trial court denied Moody's postconviction motion for sentencing credit without attaching record evidence showing he received a prison sentence, which is necessary to apply the rule that probation time is not credited against prison sentences.
A trial court denying a postconviction motion for sentencing credit must attach record evidence demonstrating the defendant is not entitled to relief or conduct an evidentiary hearing.
[1] A trial court must attach relevant portions of the record to an order denying postconviction relief for sentencing credit or conduct an evidentiary hearing to establish t…
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Join FLexlaw to unlock all legal intelligenceMoody served time on probation and community control before revocation and sought credit for that time against his new sentence, relying on State v. R…
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PER CURIAM.
Robert Shannon Moody appeals the summary denial of his motion for posteonviction relief brought pursuant to Florida Rule of Criminal Procedure 3.800. In his properly sworn motion and memorandum, Moody alleges that he was not granted credit for time he served on probation and community control against the sentence imposed after revocation of probation and community control, citing the case of State v. Roundtree, 644 So. 2d 1358 (Fla.1994). Roundtree is a situation where the court imposed a new probationary term after revocation of probation. Moody’s motion does not state whether his new sentence was probation, community control, or prison. The trial court denied Moody’s motion, without any attachments, and stated that Moody was not entitled to credit against his prison sentence for time spent on probation. It is a correct statement of the law that a defendant’s time spent on probation is not credited against a prison sentence imposed after revocation of probation. See State v. Summers, 642 So. 2d 742 (Fla.1994). There, however, is no document in this court’s record which shows that Moody received a prison sentence. Accordingly, we reverse and remand this cause for the trial court either to deny again the motion and attach to its order those portions of the record which demonstrate that Moody is not entitled to relief or to conduct an evidentiary hearing to determine the merits of Moody’s claims.
Reversed and remanded.
DANAHY, AC.J., and FRANK and PARKER, JJ., concur.
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Authorities Cited
- Carder v. State, 642 So. 2d 742 (Fla. 1994)
- State v. Roundtree, 644 So. 2d 1358 (Fla. 1994)