ANTHONY MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1999-04-13
No. 98-3809
ERVIN, BOOTH and BENTON, JJ., CONCUR.
729 So. 2d 1010 Florida District Court of Appeal, First District (1999)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court summarily denied Martin’s 3.850 motion, but failed to attach any record evidence that conclusively refutes his allegations that he was improperly denied jail time credit. See Odum v. State, 700 So. 2d 388 (Fla. 1st DCA 1997); Brown v. State, 689 So. 2d 1287 (Fla. 1st DCA 1997). Accordingly, we reverse the trial court’s order and remand for attachment of record evidence conclusively refuting his allegations or for an evidentiary hearing.

ERVIN, BOOTH and BENTON, JJ., CONCUR.


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