NICO FLOYD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals an order denying his motion to correct his sentence under Florida Rule of Criminal Procedure 3.800(a). The defendant alleges that court records reflect that he spent 131 days in jail, and while the trial court orally announced that he was to receive credit for time served, the written judgment and sentence do not reflect the proper credit. The basis of denial was that jail credit was properly awarded; however, the portions of the record which might support this conclusion are not attached to the order. Appellant’s motion states a preliminary basis for relief pursuant to rule 3.800(a). See State v. Mancino, 714 So. 2d 429, 433 (Fla.1998); Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998); Corp v. State, 698 So. 2d 1349, 1349 (Fla. 1st DCA 1997).
Accordingly, we reverse and remand either for attachment of the record that conclusively shows that appellant is not entitled to relief, or for further proceedings.
REVERSED AND REMANDED WITH DIRECTIONS.
MINER, WOLF and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Flores v. State, 747 So. 2d 485 (Fla. 1st DCA 2000)…court m.ay attach to its order denying post-conviction relief portions of the record demonstrating that appellant was sentenced pursuant to a plea agreement and hence is not entitled to relief on the grounds stated in his motion. See Floyd v. State, 735 So. 2d 504 (Fla. 1st DCA 1999). The cause is therefore REVERSED and REMANDED. LAWRENCE, DAVIS AND VAN NORTWICK, JJ., CONCUR. . Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986).…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Williamson v. Penni Lane Williamson, 714 So. 2d 1167 (Fla. 3d DCA 1998)
- Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998)
- Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)