Lucas v. State

Full title: GARY LUCAS, JR., Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: May 30, 2001

786 So. 2d 640 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 4D00-4539.

Opinion filed May 30, 2001.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case No. 98-5660 CF10.

Gary Lucas, Jr., Raiford, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the order denying appellant Lucas' motion to correct sentence, in which he claimed entitlement to credit for the time he spent in jail after his bond was allegedly revoked. The trial court's denial was based on documents from the court record that Lucas alleged were incomplete, because they did not show the bond revocation.

The attachments to the order on appeal do not refute Lucas' allegation that other portions of the court record would show entitlement to the credit he claims. We remand for further proceedings. If the court finds that its records do not provide a clear answer, it may look to Lucas' jail records. See, Nelson v. State, 760 So.2d 240 (Fla. 4th DCA 2000).

FARMER, SHAHOOD and GROSS, JJ., concur.