WOODROW L. ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the trial court erred in summarily denying the motion to vacate without an evidentiary hearing because the record was insufficient to determine if the prisoner was entitled to relief.
Appellant filed a motion to vacate, alleging he did not receive credit for approximately two years of time served between charge and sentencing. The t…
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DAUKSCH, Judge.
We have for review an order of the Circuit Court of Palm Beach County summarily denying Appellant’s motion to vacate filed pursuant to Rule 3.850, Fla.R.Crim.P. Rule 3.850 requires that a trial court grant an evidentiary hearing to consider issues raised by a motion filed under the rule unless the motion and the files and records in the case conclusively show that the prisoner is entitled to no relief. Saunders v. State, 340 So. 2d 940 (4 DCA 1976).
Appellant alleged in his motion that the trial court failed to grant him credit for all time served between the time he was charged and sentencing, a period of approximately two years according to the allegations of the motion. These allegations, if true, would entitle Appellant to post-conviction relief. Lawrence v. State, 306 So. 2d 561 (4 DCA 1975); Miller v. State, 297 So. 2d 36 (1 DCA 1974).
In denying Appellant’s Rule 3.850 motion, the trial court determined that Appellant was properly credited for time served prior to sentencing, a period of one year. However, we are unable to determine from the record on appeal the basis for the trial court’s finding that Appellant served only one year. Without a complete record, we cannot find that Appellant’s motion and the files and records of the case conclusively show that Appellant is entitled to no relief. See Saunders v. State, supra, and Hicks v. State, 165 So. 2d 204 (2 DCA 1964); and Wright v. State, 355 So. 2d 870 (Fla. 2 DCA 1978).
REVERSED and REMANDED for an evidentiary hearing on Appellant’s Rule 3.850 motion.
ALDERMAN, C. J., and MOORE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)
- Wright v. State, 355 So. 2d 870 (Fla. 2d DCA 1978)
- Lawrence v. State, 306 So. 2d 561 (Fla. 4th DCA 1975)
- Holley v. State, 306 So. 2d 561 (Fla. 4th DCA 1975)
- Hicks v. State, 165 So. 2d 204 (Fla. 2d DCA 1964)
- Saunders v. State, 340 So. 2d 940 (Fla. 4th DCA 1976)