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Averette v. State

District Court of Appeal of Florida, First District
Mar 10, 2003
841 So. 2d 555 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D02-4197.

Opinion filed March 10, 2003.

An appeal from the Circuit Court for Escambia County. T. Michael Jones, Judge.

Appellant, pro se.

Charlie Crist, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the trial court's order summarily denying his rule 3.800 motion for jail credit. The appellant has made a facially sufficient claim for jail credit under rule 3.800 by providing the dates for which he is seeking credit, the date of his sentence, and alleging that the jail certificate would show that he is entitled to credit. See Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); State v. Mancino, 714 So.2d 429, 433 (Fla. 1998). The trial court failed to reference or attach any records refuting the appellant's allegations. We accordingly reverse and remand for the trial court to support its denial with record attachments or to grant the relief sought.

REVERSED and REMANDED.

BOOTH, BENTON and POLSTON, JJ., concur.


Summaries of

Averette v. State

District Court of Appeal of Florida, First District
Mar 10, 2003
841 So. 2d 555 (Fla. Dist. Ct. App. 2003)
Case details for

Averette v. State

Case Details

Full title:THOMAS AVERETTE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 10, 2003

Citations

841 So. 2d 555 (Fla. Dist. Ct. App. 2003)