Summary
reversing sworn motion for jail credit for record attachments showing appellant is not entitled to relief or for evidentiary hearing determining whether Turning Point program qualifies appellant for jail time credit
Summary of this case from Smith v. StateOpinion
No. 4D99-1747.
February 16, 2000.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. Case Nos. 98-15625 CF10A, 97-8155 CF10A, and 97-7233 CF10A.
Jerry Kamerman, Sanderson, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
The order denying appellant's sworn motion for jail time credit while attending the Turning Point program is reversed. On remand, the court shall either attach portions of the record conclusively showing no entitlement to relief or shall order an evidentiary hearing as to whether the program qualifies appellant for jail time credit. See Rasik v. State, 717 So.2d 618 (Fla. 4th DCA 1998); Whitehecul v. State, 677 So.2d 40 (Fla. 4th DCA 19%).
Gunther, Farmer and Gross, JJ., Concur.