Florida District Courts of Appeal, 1998

Dominguez v. State

Dominguez v. State
Florida District Courts of Appeal · Decided May 27, 1998 · Gross, Shahood, Warner
710 So. 2d 756; 1998 Fla. App. LEXIS 5932; 23 Fla. L. Weekly Fed. D 1299 (Southern Reporter, Second Series)

Dominguez v. State

Opinion of the Court

PER CURIAM.

Ramon Dominguez filed a post-conviction motion seeking an award of additional credit for the time he had served in jail. The state agrees that the allegations in the motion were legally sufficient to require either an evidentiary hearing or attachment of excerpts from the record that conclusively disprove appellant’s claim. We also agree and reverse with direction to the trial court to either hold an evidentiary hearing or attach record support to the order if the court again denies appellant’s motion.

REVERSED and REMANDED.

WARNER, SHAHOOD and GROSS, JJ., concur.

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