JAMES L. WOODSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES L. WOODSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
869 So. 2d 775
Florida District Court of Appeal, Fifth District (2004)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant challenges the lower court’s order that denied in part his motion to correct an illegal sentence brought pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Appellant argues that the trial judge erred in not reducing his sentence by the correct amount of credit for time served prior to sentencing. We reverse because the trial court failed to attach pertinent portions of the record to support the findings made in its order. See Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993). We remand this cause with instructions that the trial court either grant the relief or attach the portions of the record that support denial.
REVERSED and REMANDED.
SAWAYA, C.J., PALMER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cosby v. State, 911 So. 2d 275 (Fla. 5th DCA 2005)…d concluded that he read the facts and they are true under penalty of perjury. This would be sufficient if all of the facts relied upon were contained in the affidavit and the petition incorporated it by reference. Compare, [*276] Gonzalez v. State, 869 So. 2d 775 (Fla. 5th DCA 2004) (sworn Rule 3.850 motion did not contain facts; unsworn memorandum of law attached to motion which stated facts insufficient to cure motion). However, in this case, the petition itself contains other facts not present in the “aff…
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Fletcher v. State, 949 So. 2d 328 (Fla. 5th DCA 2007)…rial court’s decision because the motion was not made under oath as required. See Fla. R.Crim. P. 3.850(c). Thus, we affirm without prejudice for Fletcher to file a new, properly sworn motion that contains factual allegations. See Gonzalez v. State, 869 So. 2d 775 (Fla. 5th DCA 2004); Creel v. State, 769 So. 2d 450 (Fla. 4th DCA 2000); Linton v. State, 721 So. 2d 743 (Fla. 5th DCA 1998); Van Aernam v. State, 715 So. 2d 1143 (Fla. 5th DCA 1998); Saba v. State, 677 So. 2d 41 (Fla. 5th DCA 1996). AFFIRMED. T…
Authorities Cited
- Bunch v. State, 622 So. 2d 525 (Fla. 5th DCA 1993)