BRIAN BLANCHFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN BLANCHFIELD, APPELLANT,
STATE OF FLORIDA, APPELLEE
157 So. 3d 483
Florida District Court of Appeal, Fifth District (2015)
Positive Treatment
Cited by 5 cases
Opinion of the Court
Brian Blanchfield appeals from the summary denial of his Florida Rule of Criminal Procedure 3.801 motion for jail credit. The State properly concedes error because the trial court did not attach portions of the record that conclusively demonstrate that Blanchfield was not entitled to relief. See Romine v. State, 151 So.3d 553 (Fla. 5th DCA 2014) (requiring trial court to grant additional jail credit or attach records that conclusively demonstrate appellant was not entitled to relief).
REVERSED and REMANDED.
ORFINGER, EVANDER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Adkins v. State, 183 So. 3d 1102 (Fla. 5th DCA 2015)…ent Rule 3.801 motion, at that point the trial court should consider the motion on the merits and either grant the credit, conduct an evidentiary hearing, or attach portions of the record that conclusively refute the claim. See Blanchfield v. State, 157 So. 3d 483 (Fla. 5th DCA 2015). REVERSED AND REMANDED. ORFINGER, COHEN and WALLIS, JJ., concur.…
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Wendi Michelle Shepman v. State, 249 So. 3d 1318 (Fla. 5th DCA 2018)…e and remand with directions that the postconviction court either grant Shepman the six days of jail credit, conduct an evidentiary hearing, or attach portions of the records that conclusively refute her claim. See id. (citing Blanchfield v. State , 157 So. 3d 483, 483 (Fla. 5th DCA 2015) ). Additionally, because Shepman's release from prison on this case appears imminent, upon issuance of our mandate, the postconviction court should expedite its ruling on the motion so the matter does not become moot. See Ba…
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Wendi M. Shepman v. State (Fla. 5th DCA 2018)
Authorities Cited
- Romine v. State, 151 So. 3d 553 (Fla. 5th DCA 2014)