RICHARD P. MAILLOUX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges an order of the trial court summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he sought 115 days of additional jail credit where he was held in custody in two counties on separate warrants and subsequently sentenced to concurrent sentences in those two cases. See Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998); Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000). The trial court denied the appellant’s claim without record attachments. Because the appellant stated a facially sufficient claim for relief that is supported by the record, we reverse and remand for the trial court to support its denial with record attachments or to grant the relief sought.
REVERSED AND REMANDED.
KAHN, WEBSTER and DAVIS, JJ., CONCUR.
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Daniels v. State, 66 So. 3d 328 (Fla. 1st DCA 2011)…a postconviction claim without prejudice, so long as it was filed before the court ruled on the underlying claim and dismissal would not cause prejudice to the State. See Hutchinson v. State, 921 So. 2d 780, 781 (Fla. 1st DCA 2006); Hansen v. State, 816 So. 2d 808, 809 (Fla. 1st DCA 2002); see also Clark v. State, 491 So. 2d 545, 546 (Fla.1986); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996); Washington v. State, 937 So. 2d 271, 272 (Fla. 4th DCA 2006). However, the process for evaluating postconvic…
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Hutchinson v. State, 921 So. 2d 780 (Fla. 1st DCA 2006)…n the merits. Because appellant filed his motion for a voluntary dismissal before the trial court ruled on his postcon-viction motion and there was no prejudice to the state, appellant was entitled to withdraw his rule 3.850 motion. Hansen v. State, 816 So. 2d 808, 809 (Fla. 1st DCA 2002); Carvalleria v. State, 675 So. 2d 251 (Fla. 3d DCA 1996). Accordingly, we reverse the denial of appellant’s motion for postconviction relief, and remand with directions to grant the motion for voluntary dismissal without pre…
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Hampton v. State, 949 So. 2d 1197 (Fla. 4th DCA 2007)…Robson, 65 So. 2d 739 (Fla.1953), cited in HenRY P. Trawiok, Jr., Florida Practice and Prooedure § 15-3 (2004 ed.).1 The fact that the trial court could not have known of the dismissal at the time of ruling does not control. Compare Hansen v. State, 816 So. 2d 808, 809 (Fla. 1st DCA 2002) (“Although the trial court may have ruled upon the postconviction motion before becoming aware that a motion to dismiss was pending, the trial court should have corrected its oversight when ruling upon Appellant’s timely mot…
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- Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998)
- Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000)