Florida District Courts of Appeal, 2005

Elma v. State

Elma v. State
Florida District Courts of Appeal · Decided March 9, 2005 · Green, Ramirez, Wells
895 So. 2d 1262; 2005 Fla. App. LEXIS 3072; 2005 WL 545194 (Southern Reporter, Second Series)

Elma v. State

Opinion of the Court

PER CURIAM.

Paul Emile Elma appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court did not attach documentation conclusively refuting the defendant’s allegations, we remand this case to the trial court with directions to issue an amended order explaining why the original order was “without prejudice,” attach documentation that refutes the defendant’s claim, or provide the defendant with the twenty-four (24) additional days credit for time served in case no. 00-41144. See Davis v. State, 869 So.2d 766 (Fla. 1st DCA 2004); Wallen v. State, 860 So.2d 1054 (Fla. 5th DCA 2003); Bohler v. State, 747 So.2d 1070 (Fla. 3d DCA 2000).

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