Florida District Courts of Appeal, 2001

Pierson v. State

Pierson v. State
Florida District Courts of Appeal · Decided December 26, 2001 · Miner, Nortwick, Wolf
801 So. 2d 1055; 2001 Fla. App. LEXIS 18246; 2001 WL 1646964 (Southern Reporter, Second Series)

Pierson v. State

Opinion of the Court

PER CURIAM.

The appellant challenges an order denying his motion seeking prison credit filed pursuant to Florida Rule of Criminal Procedure 3.800. We reverse and remand for the trial court to either attach portions of the record conclusively refuting the appellant’s allegations that he was not awarded credit for the initial time served on the incarcerative portion of his “split sentence,” or to grant the requested relief. See Robinson v. State, 786 So.2d 651 (Fla. 4th DCA 2001); Layman v. State, 787 So.2d 44 (Fla. 2d DCA 2001).

REVERSED and REMANDED.

MINER, WOLF and VAN NORTWICK, JJ., concur.

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