From Casetext: Smarter Legal Research

Alamo v. State

District Court of Appeal of Florida, Second District
Jun 26, 1996
686 So. 2d 17 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-00127.

June 26, 1996.

Appeal pursuant to Fla. R.App.P. 9.140 (g) from the Circuit Court for Hillsborough County; Robert J. Simms, Judge.


Miriam Alamo challenges the denial of her motion to correct illegal sentence brought under Florida Rule of Criminal Procedure 3.800 (a), alleging she is entitled to credit pursuant to State v. Green, 547 So.2d 925 (Fla. 1989). The trial court denied the motion without attaching any documentation which would refute the issue raised by Alamo.

Accordingly we reverse. On remand, should the trial court again deny the motion, it must attach portions of the record which refute Alamo's claim. See Becton v. State, 668 So.2d 1107 (Fla. 2d DCA 1996).

Reversed and remanded.

RYDER, A.C.J., and BLUE and QUINCE, JJ., concur.


Summaries of

Alamo v. State

District Court of Appeal of Florida, Second District
Jun 26, 1996
686 So. 2d 17 (Fla. Dist. Ct. App. 1996)
Case details for

Alamo v. State

Case Details

Full title:MIRIAM ALAMO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 26, 1996

Citations

686 So. 2d 17 (Fla. Dist. Ct. App. 1996)