PAUL EMILE ELMA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PAUL EMILE ELMA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
895 So. 2d 1262
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Paul Emile Elma appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court did not attach documentation conclusively refuting the defendant’s allegations, we remand this case to the trial court with directions to issue an amended order explaining why the original order was “without prejudice,” attach documentation that refutes the defendant’s claim, or provide the defendant with the twenty-four (24) additional days credit for time served in case no. 00-41144. See Davis v. State, 869 So. 2d 766 (Fla. 1st DCA 2004); Wallen v. State, 860 So. 2d 1054 (Fla. 5th DCA 2003); Bohler v. State, 747 So. 2d 1070 (Fla. 3d DCA 2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rosado v. State, 907 So. 2d 1265 (Fla. 3d DCA 2005)…to the trial court with directions to attach documentation that refutes the Appellant’s claim, or to provide the Appellant with credit for the time he served on his split sentence. Brownlee v. State, 899 So. 2d 341 (Fla. 3d DCA 2005); Elma v. State, 895 So. 2d 1262 (Fla. 3d DCA 2005). Remanded for further proceedings.…
Authorities Cited
- Harris v. State, 747 So. 2d 1070 (Fla. 3d DCA 2000)
- Wallen v. State, 860 So. 2d 1054 (Fla. 5th DCA 2003)
- Davis v. State, 869 So. 2d 766 (Fla. 1st DCA 2004)