RAINER PEREZ-BOZA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled 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 cerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded for further proceedings.
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Ocelyn ST. CYR v. State, 126 So. 3d 1166 (Fla. 4th DCA 2012)…t is required to attach to its order those portions of the record which conclusively refute the movant’s allegations. See Watson v. State, 51 So. 3d 1204 (Fla. 4th DCA 2011); Smedley v. State, 993 So. 2d 551 (Fla. 1st DCA 2008); Perez-Boza v. State, 943 So. 2d 291 (Fla. 3d DCA 2006); Tyler v. State, 927 So. 2d 194 (Fla. 2d DCA 2006); Moore v. State, 741 So. 2d 577 (Fla. 5th DCA 1999). The record in this case consists of the foregoing documents, and the sentencing documents are not attached to any of them. We…
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Jon Barri Bros. v. State, 959 So. 2d 1260 (Fla. 3d DCA 2007)…mary denial of the defendant’s rule 3.800(a) motion because the trial court “did not attach to its order portions of the transcript conclusively demonstrating that defendant waived entitled to credit for time served in prison”); Perez-Boza v. State, 943 So. 2d 291, 291 (Fla. 3d DCA 2006) (“On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D)…
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Phillips v. State, 994 So. 2d 456 (Fla. 3d DCA 2008)…y denial of the defendant’s rule 3.800(a) motion because the trial court “did not attach to its order portions of the transcript conclusively demonstrating that defendant waived entitlement to credit for time served in prison”); Perez-Boza v. State, 943 So. 2d 291, 291 (Fla. 3d DCA 2006) (“On appeal from a summary denial, this court must reverse unless the postconviction record ... shows conclusively that the appellant is entitled to no relief.”). Because nothing is attached to the trial court’s summary denia…
Authorities Cited
- Norris Lundy, Jr. v. State, 912 So. 2d 671 (Fla. 3d DCA 2005)