WILLIE BARFIELD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
WILLIE BARFIELD, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
900 So. 2d 723
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
Willie Barfield appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a) for credit for jail time served. The State concedes that, based on the present record, it appears that the defendant is entitled to' additional credit. The wording of the trial court’s order denying relief suggests (but does not clearly state) that there may have been a partial waiver of credit in connection with a plea bargain. If that is so, that showing may be made on remand. The plea transcript was not attached to the order of denial.
Reversed and remanded for further proceedings consistent herewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Norris Lundy, Jr. v. State, 912 So. 2d 671 (Fla. 3d DCA 2005)…the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded [*672] for an evidentiary hearing or other appropriate relief.”). See also Barfield v. State, 900 So. 2d 723 (Fla. 3d DCA 2005); Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000). On remand, the trial court should either attach those portions of the record that conclusively refute Lundy’s claim or award him the appropriate credit for time served. Reverse…
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Davis v. State, 219 So. 3d 201 (Fla. 3d DCA 2017)…lower court’s order or record attachments whether the defendant waived his credit for time served, we reverse and remand for an evidentiary hearing or other appropriate relief.”); Lundy v. State, 912 So. 2d 671 (Fla. 3d DCA 2005); Barfield v. State, 900 So. 2d 723 (Fla. 3d DCA 2005); Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000); see also Louis v. State, 143 So. 3d 452, 453 (Fla. 5th DCA 2014) (“When a factual dispute exists, and the files and records do not conclusively show appellant is entitled to no r…
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Gurrola v. State, 925 So. 2d 430 (Fla. 3d DCA 2006)…al from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.”). See also Barfield v. State, 900 So. 2d 723 (Fla. 3d DCA 2005); Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000). On remand, the trial court should either attach those portions of the record that conclusively refute Gurrola’s claim or award him the appropriate credit for time served. Rever…
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