MIKE E. WHITAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MIKE E. WHITAKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
854 So. 2d 249
Florida District Court of Appeal, First District (2003)
Opinion of the Court
PER CURIAM.
The appellant challenges the trial court’s order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach portions of the record conclusively refuting the appellant’s claim for jail credit, we reverse and remand with instructions to either grant relief or attach portions of the record conclusively refuting the appellant’s claim. See Thomas v. State, 634 So. 2d 175, 177(Fla. 1st DCA 1994); Azevedo v. State, 769 So. 2d 1112 (Fla. 2d DCA 2000).
REVERSED and REMANDED.
ALLEN, DAVIS, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- 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)
- Azevedo v. State, 769 So. 2d 1112 (Fla. 2d DCA 2000)