ANDRES A. HERRERA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court reversed the trial court's summary denial of a Rule 3.800(a) motion for jail and prison time credit because the record did not conclusively demonstrate the defendant was ineligible for relief.
A trial court's summary denial of a Rule 3.800(a) motion for credit for time served must be supported by record excerpts conclusively demonstrating the defendant is not entitled to relief.
[1] A trial court's summary denial of a Rule 3.800(a) motion for credit for time served must be accompanied by record excerpts conclusively demonstrating that the defendant i…
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Join FLexlaw to unlock all legal intelligence“did not attach to its order portions of the transcript conclusively demonstrating that the defendant waived entitlement to credit for time served in prison”
Langdon v. State, cited for the proposition that summary denial requires conclusive record evidence of ineligibility
Herrera filed a Rule 3.800(a) motion in September 2008 seeking credit for jail and prison time served, which the trial court summarily denied on Septe…
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Andres A. Herrera challenges the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion for credit for jail and prison time served filed in the trial court in September 2008, and ruled on by the trial court on September 25, 2008.1
On appeal, this Court must reverse unless the records attached to the trial court’s order conclusively demonstrate that the defendant is not entitled to the requested relief. See Langdon v. State, 947 So.2d 460, 460-61 (Fla. 3d DCA 2006) (reversing the summary denial of the defendant’s 3.800(a) motion because the trial court “did not attach to its order portions of the transcript conclusively demonstrating that the defendant waived entitlement to credit for time served in prison”). Because the record before us fails to make the required showing, we reverse the trial court’s order and remand for further proceedings. Should the trial court again enter an order summarily denying the motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.
Reversed and remanded for further proceedings.