MICHAEL L. THOMAS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Friss v. State, 881 So. 2d 38 (Fla. 5th DCA 2004)
  …) is an available remedy. It is not the defendant’s burden to attach portions of the record showing entitlement to relief, but it is the trial court’s responsibility to attach portions conclusively refuting the claim. Id. see also Phillips v. State, 839 So. 2d 893 (Fla. 4th DCA 2003) (trial court' was required to review jail records in ruling on motion to correct illegal sentence, where motion was legally sufficient because it indicated jail records would demonstrate his entitlement to relief, and trial court…
• Trapkin v. State, 857 So. 2d 989 (Fla. 4th DCA 2003)
  …d 73, 74 (Fla. 4th DCA 2002). If the record available to the trial court, which includes the jail records referenced, establishes that appellant is entitled to the credit he requests, the court shall award him the jail credit. See Phillips v. State, 839 So. 2d 893, 894 (Fla. 4th DCA 2003). WARNER, STEVENSON and SHAHOOD, JJ., concur.…
• Ianleal Schuettler v. State, 931 So. 2d 1044 (Fla. 4th DCA 2006)
  …alleges where in the record the information regarding jail time can be located and explains how the record demonstrates entitlement to the credit for jail time, see Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). See also Phillips v. State, 839 So. 2d 893 (Fla. 4th DCA 2003); Trapkin v. State, 857 So. 2d 989 (Fla. 4th DCA 2003); Swanson v. State, 825 So. 2d 507 (Fla. 1st DCA 2002). If appellant’s true complaint is that the Department of Corrections has failed to grant him credit for time served, then…

Authorities Cited

• Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)
• Gende v. Fla. Dep't of Child. & Families, 836 So. 2d 1112 (Fla. 3d DCA 2003)