From Casetext: Smarter Legal Research

Aristides v. State

District Court of Appeal of Florida, Third District
Sep 15, 2010
44 So. 3d 195 (Fla. Dist. Ct. App. 2010)

Opinion

No. 3D10-2053.

September 15, 2010.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jorge Cueto, Judge.

Aristides Alfonso, in proper person.

Bill McCollum, Attorney General, for appellee.

Before WELLS, SHEPHERD, and LAGOA, JJ.


This is an appeal from an order summarily denying Alfonso Aristides' motion under Florida Rule of Criminal Procedure 3.800(a) for additional credit for time served. Because the docket sheet attached to the order on review is insufficient to conclusively show that the Aristides is entitled to no relief for the time he was incarcerated in June 2009, we reverse the order and remand for further proceedings. See Parks v. State, 18 So.3d 1199 (Fla. 3d DCA 2009) ("If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excepts, including the most recent sentencing transcript and plea colloquy or any written agreement regarding credit for time served, conclusively showing that the appellant is not entitled to . . . additional . . . days of jail time credit").

Reversed and remanded for further proceedings.


Summaries of

Aristides v. State

District Court of Appeal of Florida, Third District
Sep 15, 2010
44 So. 3d 195 (Fla. Dist. Ct. App. 2010)
Case details for

Aristides v. State

Case Details

Full title:Alfonso ARISTIDES, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 15, 2010

Citations

44 So. 3d 195 (Fla. Dist. Ct. App. 2010)

Citing Cases

Eason v. State

We reverse the order summarily denying Norberto O. Eason's motion for additional credit for time served…

Dominguez v. State

We reverse the order summarily denying Alfredo Dominguez's motion for additional credit for time served…