TIMOTHY R. COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the trial court’s order summarily denying his rule 3.800 motion for jail credit. The appellant has made a facially sufficient claim for jail credit under rule 3.800 by providing the dates for which he is seeking credit, the date of his sentence, and alleging that the jail certificate would show that he is entitled to credit. See Thomas v. State, 634 So. 2d 175, 177 (Fla. 1st DCA 1994); State v. Mancino, 714 So. 2d 429, 433 (Fla.1998). Furthermore, the record portions attached to the trial court’s order were clerk’s notes that do not conclusively refute the appellant’s claim. Mayo v. State, 825 So. 2d 1006 (Fla. 4th DCA 2002). We accordingly reverse and remand for the trial court to support its denial with record attachments or to grant the relief sought.
REVERSED and REMANDED.
VAN NORTWICK and POLSTON, JJ., and SMITH, LARRY G„ Senior Judge, Concur.
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Koile v. State, 934 So. 2d 1226 (Fla. 2006)…d losses.7 This is consistent with the way section 775.089 has always been applied in our courts. See, e.g., Glaubius v. State, 688 So. 2d 913, 916 (FIa.1997) (approving award of restitution for victim’s investigative costs); Hollingsworth v. State, 835 So. 2d 373, 374 (Fla. 1st DCA 2003) (approving restitution for wages lost by mother of victim during time she was too upset by crime to go to work). Even if the term “reimburse” is construed to authorize restitution to a surviving victim for lost future incom…
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Koile v. State, 902 So. 2d 822 (Fla. 5th DCA 2005)…ndependently of, each other. Id. In this connection this Court has previously held that lost wages may provide a sufficient basis for a restitution award. See Graham v. State, 720 So. 2d 294, 294 (Fla. 5th DCA 1998); see also Hollingsworth v. State, 835 So. 2d 373 (Fla. 1st DCA 2003). IV. Lost wages for next of kin for attendance at trial. Consider, first, whether the statute permits an award of lost wages to the parents of the decedent. The definition of victim contained in the statute specifically include…
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Burke v. State, 855 So. 2d 207 (Fla. 1st DCA 2003)…ntitled to relief. Fla. R.Crim. P. 3.850(d). The trial court attached only a “Progress of Case” sheet. This was insufficient for two reasons. First, the document appears to be clerk’s notes, rather than a portion of the record. See Collins v. State, 835 So. 2d 373, 373 (Fla. 1st DCA 2003), citing Mayo v. State, 825 So. 2d 1006, 1006 (Fla. 4th DCA 2002)(noting that “the records attached to the trial court’s order denying relief appear to be nothing more than clerk’s notes and do not conclusively refute the cla…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Am. Sightseeing Tours, Inc. v. Gerda Jackson, 634 So. 2d 175 (Fla. 3d DCA 1994)
- Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)
- Eccles Mayo v. State, 825 So. 2d 1006 (Fla. 4th DCA 2002)