Florida District Courts of Appeal, 1993

Nelson v. State

Nelson v. State
Florida District Courts of Appeal · Decided February 5, 1993 · Blue, Campbell, Schoonover
613 So. 2d 143; 1993 Fla. App. LEXIS 1432; 1993 WL 25621 (Southern Reporter, Second Series)

Nelson v. State

Opinion of the Court

PER CURIAM.

With one exception, we affirm the trial court’s summary denial of the multitude of motions filed by the appellant subsequent to his judgments and sentences. The one exception is the motions requesting proper jail time credit in circuit court case number 90-014693. The documents from the record attached to the circuit court’s order denying the motion do not adequately refute the appellant’s claim that he did not receive the proper amount of credit in that particular case.

Accordingly, we affirm the trial court’s denial of the appellant’s motions except for those requesting proper jail time credit in case number 90-014693. On those motions only, we reverse and remand for further proceedings. If the trial court again denies the request for additional jail credit, it must attach portions of the record that refute the defendant’s allegations. If the court should again deny appellant’s motion, he has thirty days in which to appeal.

Affirmed in part, reversed in part, and remanded.

CAMPBELL, A.C.J., SCHOONOVER and BLUE, JJ., concur.

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