ALFONSO ARISTIDES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This is an appeal from an order summarily denying Alfonso Aristides’ motion under Florida Rule of Criminal Procedure 3.800(a) for additional credit for time served. Because the docket sheet attached to the order on review is insufficient to conclusively show that the Aristides is entitled to no relief for the time he was incarcerated in June 2009, we reverse the order and remand for further proceedings. See Parks v. State, 18 So.3d 1199 (Fla. 3d DCA 2009) (“If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excepts, including the most recent sentencing transcript and plea colloquy or any written agreement regarding credit for time served, conclusively showing that the appellant is not entitled to ... additional ... days of jail time credit.”).
Reversed and remanded for further proceedings.
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Green v. State, 84 So. 3d 1169 (Fla. 3d DCA 2012)…r in mitigation of a sentence,2 a lack of remorse, the failure to accept responsibility, or the exercise of one’s right to remain silent at sentencing may not be considered by the trial court in fashioning the appropriate sentence.3 Mentor v. State, 44 So. 3d 195 (Fla. 3d DCA 2010); Johnson v. State, 948 So. 2d 1014 (Fla. 3d DCA 2007); Soto v. State, 874 So. 2d 1215 (Fla. 3d DCA 2004); A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996); Whitmore v. State, 27 So. 3d 168 (Fla. 4th DCA 2010); Bracero v. State, 10…
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Ryan v. State, 78 So. 3d 14 (Fla. 3d DCA 2011)…s lack of remorse (as opposed to a court’s determination that a defendant’s claim of remorse has not been established 1), the sentence should be vacated and a [*15] new sentencing proceeding held before a different judge. See, e.g., Mentor v. State, 44 So. 3d 195 (Fla. 3d DCA 2010); T.R. v. State, 26 So. 3d 80 (Fla. 3d DCA 2010); Soto v. State, 874 So. 2d 1215 (Fla. 3d DCA 2004); A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996); Branson v. State, 492 So. 2d 1155 (Fla. 3d DCA 1986); Jackson v. State, 39 So. 3…
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- Parks v. State, 18 So. 3d 1199 (Fla. 3d DCA 2009)