Florida District Courts of Appeal, 2003

Whitaker v. State

Whitaker v. State
Florida District Courts of Appeal · Decided September 5, 2003 · Allen, Benton, Davis
854 So. 2d 249; 2003 Fla. App. LEXIS 13294; 2003 WL 22056376 (Southern Reporter, Second Series)

Whitaker v. State

Opinion of the Court

PER CURIAM.

The appellant challenges the trial court’s order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach portions of the record conclusively refuting the appellant’s claim for jail credit, we reverse and remand with instructions to either grant relief or attach portions of the record conclusively refuting the appellant’s claim. See Thomas v. State, 634 So.2d 175, 177(Fla. 1st DCA 1994); Azevedo v. State, 769 So.2d 1112 (Fla. 2d DCA 2000).

REVERSED and REMANDED.

ALLEN, DAVIS, and BENTON, JJ., concur.

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