JOHN SMITH A/K/A JEFFERY DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN SMITH A/K/A JEFFERY DIXON, APPELLANT,
STATE OF FLORIDA, APPELLEE
771 So. 2d 1290
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
John Smith has appealed from the denial of his Rule 3.800(a) motion for jail credit. The trial court denied Smith’s motion upon accepting the State’s position that Smith did not indicate where in the record the information can be located, or how the record demonstrated his entitlement to relief. See Toro v. State, 719 So. 2d 947 (Fla. 4th DCA 1998).
As Smith detailed the dates at issue, directed the trial court to his Broward County “rearrest sheet,” and addressed his inability to obtain such, we find that Smith met his burden. The case is remanded for the trial court to consider the merits of Smith’s claim for additional credit.
DELL, KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wallace v. State, 789 So. 2d 480 (Fla. 4th DCA 2001)…attaching a portion of the transcript of the final violation of probation hearing on February 4, 2000, in which the court initially credited him with 441 days, plus any time previously served in the Department of Corrections. Compare Smith v. State, 771 So. 2d 1290 (Fla. 4th DCA 2000) (deeming movant met burden of indicating where in record information could be located and how it demonstrated his entitlement to relief by detailing the dates at issue and directing the trial court to his “rearrest sheet,” which…
Authorities Cited
- Hardy v. Hon. Taylor Douglas, 719 So. 2d 947 (Fla. 5th DCA 1998)