Opinion
No. 3D13-731 Lower Tribunal No. 96-25421
04-24-2013
Dion R. Waye, Appellant, v. The State of Florida, Appellee.
Dion R. Waye, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Thomas Rebull, Judge.
Dion R. Waye, in proper person.
Pamela Jo Bondi, Attorney General, for appellee. Before ROTHENBERG and EMAS, JJ., and SCHWARTZ, Senior Judge.
PER CURIAM.
Appellant Dion Waye appeals from an order summarily denying his motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking an award of 1249 days of credit for time served prior to sentencing. The trial court denied the motion without an evidentiary hearing, stating in its order that the defendant expressly agreed that, as part of a negotiated plea, he would receive only 925 days of credit. Although the trial court's order makes reference to the minutes of the court file which indicated the award of 925 days credit, neither that portion of the court file, nor the relevant portions of the plea colloquy, were attached to the order.
We therefore reverse and remand for the trial court to either conduct an evidentiary hearing or to enter an order attaching that portion of the record which shows conclusively that appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(D) (providing "[o]n appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.")
Reversed and remanded for proceedings consistent with this opinion.