From Casetext: Smarter Legal Research

Scott v. State

District Court of Appeal of Florida, Third District
Aug 31, 2005
909 So. 2d 965 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-696.

August 31, 2005.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Diane Ward, Judge.

Joe E. Scott, in proper person.

Charles J. Crist, Jr., Attorney General, and Ishir Mehta, Assistant Attorney General, for appellee.

Before FLETCHER, WELLS, and SUAREZ, JJ.


Joe Scott challenges the trial court's denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the motion states a facially sufficient claim that Scott may be entitled to additional jail credit and the trial court failed to either attach record portions that refute the appellant's claim to its order or to state that the record is silent regarding jail credit, we reverse and remand for further proceedings. See White v. State, 656 So.2d 255 (Fla. 3d DCA 1995); Friss v. State, 881 So.2d 38 (Fla. 5th DCA 2004); Maloy v. State, 888 So.2d 143 (Fla. 1st DCA 2004).

Reversed and remanded.


Summaries of

Scott v. State

District Court of Appeal of Florida, Third District
Aug 31, 2005
909 So. 2d 965 (Fla. Dist. Ct. App. 2005)
Case details for

Scott v. State

Case Details

Full title:Joe E. SCOTT, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Aug 31, 2005

Citations

909 So. 2d 965 (Fla. Dist. Ct. App. 2005)