NORRIS LUNDY, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the record was insufficient to conclusively deny the appellant's motion for jail time credit.
Norris Lundy appealed an order denying his motion for jail time credit. The State claimed he waived credit as part of a plea agreement, but the plea t…
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PER CURIAM.
Norris Lundy appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800 for credit for jail time served. We reverse and remand.
The record before us is unclear concerning whether Lundy is entitled to the jail time credit he seeks. The State claims that Lundy is not entitled to additional credit because he waived such credit as part of the plea agreement. The plea transcript, however, was not attached to the order of denial.
Because the record before us fails to conclusively demonstrate that the appellant is not entitled to any relief, we reverse the denial of Lundy’s motion for post conviction relief. See Fla. R.Crim. P. 3.850(d); Fla. R.App. P. 9.141(b)(2)(D) (“On appeal 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 Lundy’s claim or award him the appropriate credit for time served.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
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Langdon v. State, 947 So. 2d 460 (Fla. 3d DCA 2006)…(Fla. 1st DCA 1993)(“A trial court’s failure to attach portions of the record refuting the allegations of a rule 3.850 motion cannot be remedied on appeal by the state’s attempt to furnish material refuting the prisoner’s claims.”);1 Lundy v. State, 912 So. 2d 671 (Fla. 3d DCA 2005). However, Rule 3.800(a) “does not contemplate an evidentiary hearing.” Re-naud v. State, 926 So. 2d 1241, 1242 (Fla. 2006). We therefore remand for further proceedings. If the trial court again summarily denies the motion, it sha…
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Rainer Perez-Boza v. State, 943 So. 2d 291 (Fla. 3d DCA 2006)…ed to no relief. See Fla. R.App. P. 9.141(b)(2)(D). Defendant argues that he is entitled to jail-time credit which was not waived as part of a plea agreement. Because the record now before us fails to make the required showing, see Lundy v. State, 912 So. 2d 671 (Fla. 3d DCA 2005), we reverse the order and remand for further proceedings or for the attachment of record ex [*292] cerpts conclusively showing that the appellant is not entitled to any relief. Reversed and remanded for further proceedings.…
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Davis v. State, 219 So. 3d 201 (Fla. 3d DCA 2017)…. 3d DCA 2007) (“Because we cannot determine from the 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…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Connor McDUFFIE v. Scotty's, Inc., 756 So. 2d 272 (Fla. 5th DCA 2000)
- Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000)
- Barfield v. State, 900 So. 2d 723 (Fla. 3d DCA 2005)
- Colandro Peters v. State, 900 So. 2d 723 (Fla. 4th DCA 2005)