NEIL TOOT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NEIL TOOT, APPELLANT,
STATE OF FLORIDA, APPELLEE
861 So. 2d 1175
Florida District Court of Appeal, Second District (2003)
Caution
Cited by 10 cases
Opinion of the Court
SALCINES, Judge.
Neil Toot appeals the summary denial of his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion, Toot claimed that he is entitled to additional jail credit for time he spent in jail prior to sentencing. By our calculations, Toot is entitled to 203 days of jail credit, rather than the 200 days awarded by the trial court. Accordingly, we reverse the trial court’s order of denial, and we remand for the trial court to award Toot an additional three days of jail credit.
Reversed and remanded.
COVINGTON and VILLANTI, JJ., Concur.
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Lott v. State, 865 So. 2d 637 (Fla. 2d DCA 2004)…tion without any explanation or record attachments. It also failed to inform Lott of his right to appeal within thirty days. Accordingly, we reverse and remand for reconsideration of Lott’s motion in accordance with our opinion in Suleiman v. State, 861 So. 2d 1175 (Fla. 2d DCA 2003). If the trial court again summarily denies the motion, it must set forth its rationale and attach any relevant portions of the record which support its denial. Reversed and remanded. SILBERMAN and WALLACE, JJ„ Concur.…
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Harris v. State, 911 So. 2d 221 (Fla. 2d DCA 2005)…7 (Fla. 2d DCA 2004), we reversed an order entered on a rule 3.800(a) motion noting that the order was an insufficient "rubber stamp” order because it contained no explanation, attachments, or notice of the right to appeal, citing Suleiman v. State, 861 So. 2d 1175 (Fla. 2d DCA 2003). However, nothing in Lott expressly states that this court reviewed the order as an untimely or belated appeal. Accordingly, we do not consider Lott as precedent to support the position of the three defendants in this case. . Rul…
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Perry v. State, 872 So. 2d 1017 (Fla. 2d DCA 2004)…be facially sufficient. If the trial court again summarily denies ground one of Perry’s motion, it must provide an explanation of the reasons for the denial and attach any relevant portions of the record to support the denial. See Suleiman v. State, 861 So. 2d 1175 (Fla. 2d DCA 2003). Reversed and remanded. FULMER and KELLY, JJ„ Concur.…
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