Florida District Courts of Appeal, 2011

Lechuga v. State

Lechuga v. State
Florida District Courts of Appeal · Decided May 18, 2011 · Gersten, Rothenberg, Salter
61 So. 3d 1229; 2011 Fla. App. LEXIS 7196; 2011 WL 1878132 (Southern Reporter, Third Series)

Lechuga v. State

Opinion of the Court

PER CURIAM.

Victor Lechuga appeals from the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion to correct jail time credit afforded on his sentence. Because the record fails to show conclusively that the defendant is not entitled to relief, we reverse the order and remand for a hearing or attachment of record excerpts conclusively refuting the defendant’s claim.

Reversed and remanded.

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