DANIELLE SHAUMIKA FLORENCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2007-08-29
No. 4D07-1299
GUNTHER, WARNER and TAYLOR, JJ., concur.
963 So. 2d 927 Florida District Court of Appeal, Fourth District (2007) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

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 that refute appellant’s claim that she is entitled to credit for time previously served in prison prior to her violation of probation. Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006); Fla. R.App. P. 9.141(b)(2)(D). We remand for the trial court to attach portions of the record that conclusively refute the appellant’s claim or for any other appropriate relief.

GUNTHER, WARNER and TAYLOR, JJ., concur.


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  • Knowles v. State, 976 So. 2d 656 (Fla. 4th DCA 2008)
    …entitled to prison credit for time served following a violation of probation. Scott v. State, 872 So. 2d 1011 (Fla. 5th DCA 2004). The trial court failed to attach portions of the record which clearly refute Knowles’s allegations. Florence v. State, 963 So. 2d 927 (Fla. 4th DCA 2007). We remand for the attachment of portions of the record conclusively refuting appellant’s claims or for any other appropriate relief. SHAHOOD, C.J., WARNER and GROSS, JJ., concur.…

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