Florida District Courts of Appeal, 1996

Fensler v. State

Fensler v. State
Florida District Courts of Appeal · Decided September 25, 1996 · Dell, Glickstein, Polen
679 So. 2d 1293; 1996 Fla. App. LEXIS 10153; 1996 WL 542655 (Southern Reporter, Second Series)

Fensler v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s order and remand with direction to the trial court to treat the claim of clerical error in jail time credit pursuant to rule 3.850 and either attach portions of the record refuting the claim, or conduct an evidentiary hearing. See Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); Matthews v. State, 664 So.2d 6 (Fla. 4th DCA 1995); McClain v. State, 629 So.2d 320 (Fla. 1st DCA 1993).

GLICKSTEIN, DELL and POLEN, JJ., concur.

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