Smith v. State
Smith v. State
Opinion of the Court
This is an appeal from the summary denial of appellant’s motion for jail time credit filed pursuant to Florida Rule of Criminal Procedure 3.800. Although the motion is facially sufficient, the trial judge failed to attach to his order any portion of the files or record to refute appellant’s allegation that he was denied jail time credit of 498 days, as stipulated.
Accordingly, we reverse the order denying appellant’s motion and remand the case to the trial court. On remand, the trial court should be guided by our decision in Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986). Unless the case files and records
Case-law data current through December 31, 2025. Source: CourtListener bulk data.