Florida District Courts of Appeal, 1990

Izard v. State

Izard v. State
Florida District Courts of Appeal · Decided March 23, 1990 · Altenbernd, Frank, Parker
558 So. 2d 210; 1990 Fla. App. LEXIS 1866; 1990 WL 31741 (Southern Reporter, Second Series)

Izard v. State

Opinion of the Court

PER CURIAM.

Kenneth Izard appeals the summary denial of his motion to allow credit for jail time. The trial court denied the motion without an evidentiary hearing, and it failed to attach to its order portions of the record that refute Izard’s allegations. Accordingly, we reverse the summary denial of Izard’s motion and remand for further proceedings. If the trial court should summarily deny the motion again, it shall attach such portions of the record that conclusively refute Izard’s contentions. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

FRANK, A.C.J., and PARKER and ALTENBERND, JJ., concur.

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