PEDRO J. PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-07-13
No. 3D05-1311
Before GERSTEN, GREEN, and FLETCHER, JJ.
906 So. 2d 349 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Based on the state’s proper confession of error, we reverse the order denying defendant’s motion to correct illegal sentence. Accordingly, we remand this cause to the trial court for recalculation of defendant’s credit for time served based on the correct information applicable to this defendant.

Reversed and remanded.

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    …PER CURIAM. We reverse the order denying appellant’s Florida Rule of Criminal procedure 3.800(a) motion. The trial court failed to attach portions of the record conclusively refuting appellant’s legally sufficient claim. Goldbach v. State, 906 So. 2d 349 (Fla. 4th DCA 2005); Torres v. State, 830 So. 2d 917 (Fla. 4th DCA 2002); Johnson v. State, 665 So. 2d 380 (Fla. 4th DCA 1996); Thomas v. State, 667 So. 2d 440 (Fla. 4th DCA 1996). The state’s attempt to provide such record evidence for the first…

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