KENNETH RIDDLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Kenneth Riddle challenges the denial of his motion to correct illegal sentence brought under Florida Rule of Criminal Procedure 3.800(a), alleging he is entitled to credit for time spent in the county jail pursuant to section 921.161, Florida Statutes (1995). The trial court denied the motion attaching the clerk of the court’s notes of the pronouncement of Riddle’s sentence to community control and the Sheriffs Certificate. The Clerk’s notes establish that the court ordered Riddle to remain in jail until a bed could be provided for him at a drug treatment center. However, the Sheriffs Certificate indicates Riddle was immediately released from custody as of that date. Due to the discrepancy in the documents attached to the trial court’s order we reverse and remand for the court to consider whether or not Riddle remained in jail following his sentencing while awaiting space in a drug treatment program.
On remand, should the trial court again deny the motion, it must attach portions of the record which refute Riddle’s claim. See Becton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996).
Reversed and remanded.
DANAHY, A.C.J., and BLUE and QUINCE, JJ., concur.
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Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004)…te procedure to challenge other Department orders on gain time, nor orders of the Florida Parole Commission in parole revocation or presumptive parole release date proceedings. . Brazell v. State, 770 So. 2d 189 (Fla. 2d DCA 2000); Riddle v. State, 686 So. 2d 16 (Fla. 2d DCA 1996); Fulton v. State, 659 So. 2d 491 (Fla. 5th DCA 1995).…
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Scott v. State, 805 So. 2d 926 (Fla. 2d DCA 2001)…Scott was not awaiting transportation to prison. Scott was being held pending placement in a drug treatment facility. Credit for this time is properly awarded by the trial court. Brazell v. State, 770 So. 2d 189 (Fla. 2d DCA 2000); Riddle v. State, 686 So. 2d 16 (Fla. 2d DCA 1996); Fulton v. State, 659 So. 2d 491 (Fla. 5th DCA 1995). If, as Scott alleges, the Par hold limited his ability to be released from custody, then he may be entitled to credit for the entire time it was in place. See, e.g., Bryant v.…
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Pittman v. State, 693 So. 2d 599 (Fla. 2d DCA 1997)…herefore, remand this case to the trial court to reconsider this issue. Should the trial court again deny this portion of appellant’s motion it should attach those parts of the record which conclusively refute appellant’s claim. See Riddle v. State, 686 So. 2d 16 (Fla. 2d DCA 1996); Becton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996). Affirmed in part, reversed in part, and remanded. CAMPBELL, A.C.J., and PATTERSON and WHATLEY, JJ., concur.…
Authorities Cited
- Becton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996)