Florida District Courts of Appeal, 2011

Daniels v. State

Daniels v. State
Florida District Courts of Appeal · Decided March 23, 2011 · Gersten, Salter, Wells
57 So. 3d 924; 2011 Fla. App. LEXIS 3899; 2011 WL 1009110 (Southern Reporter, Third Series)

Daniels v. State

Opinion of the Court

WELLS, Judge.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a), claiming that he is entitled to additional jail credit.

Appellant maintains that court records establish his entitlement to 108 days served, however he was incorrectly awarded 69 days for time served. On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. Varela v. State, 29 So.3d 398, 399 (Fla. 3d DCA 2010). If the trial court enters an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to the credit for time served as sought.

Reversed and remanded.

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