Florida District Courts of Appeal, 1995

Sullo v. State

Sullo v. State
Florida District Courts of Appeal · Decided November 29, 1995 · Dell, Klein, Stevenson
663 So. 2d 11; 1995 Fla. App. LEXIS 12575; 1995 WL 700185 (Southern Reporter, Second Series)

Sullo v. State

Opinion of the Court

PER CURIAM.

Appellant seeks review of an order summarily denying his rule 3.800(a) motion. Following Fountain v. State, 660 So.2d 376 (Fla. 4th DCA 1995), we reverse the trial court’s order and remand for further proceedings. If the record can answer the question of whether appellant is entitled to jail time credit, the rule 3.800(a) motion is appropriate for seeking relief. If that fact cannot be determined from the record, the rule 3.800(a) motion should be denied.

REVERSED and REMANDED.

DELL, KLEIN and STEVENSON, JJ., concur.

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