PAUL MALOY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PAUL MALOY, APPELLANT,
STATE OF FLORIDA, APPELLEE
888 So. 2d 143
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the motion states a facially sufficient claim that the appellant is entitled to additional jail credit and the trial court failed to either attach record portions that refute the appellant’s claim to its order or to state that the record is silent regarding jail credit, we reverse and remand for further proceedings. See Koester v. State, 864 So. 2d 1282 (Fla. 1st DCA 2004).
REVERSED and REMANDED.
ALLEN, DAVIS, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Scott v. State, 909 So. 2d 965 (Fla. 3d DCA 2005)…claim to its order or to state that the record is silent regarding jail credit, we reverse and remand for further proceedings. See White v. State, 656 So. 2d 255 (Fla. 3d DCA 1995); Friss v. State, 881 So. 2d 38 (Fla. 5th DCA 2004); Maloy v. State, 888 So. 2d 143 (Fla. 1st DCA 2004). Reversed and remanded.…
Authorities Cited
- Koester v. State, 864 So. 2d 1282 (Fla. 1st DCA 2004)