HECTOR GURROLA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Hector Gurrola appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800 for credit for jail time served. We reverse and remand.
Because the record before us fails to conclusively demonstrate that Gurrola is not entitled to any relief, we reverse the denial of his motion for post conviction relief. See Fla. R.Crim. P. 3.850(d); Fla. RApp. 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 Gurrola’s claim or award him the appropriate credit for time served.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dorn v. State, 928 So. 2d 507 (Fla. 3d DCA 2006)…eal 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 Gurrola v. State, 925 So. 2d 430 (Fla. 3d DCA 2006); Barfield v. State, 900 So. 2d 723 (Fla. 3d DCA 2005). On remand, the trial court should either attach those portions of the record that conclusively refute the defendant’s claim or award him the appropriate credit for time served…
Authorities 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)