Blanchfield v. State

Full title: BRIAN BLANCHFIELD, Appellant, v. STATE OF FLORIDA , Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Feb 20, 2015

Case No. 5D14-3126 (Fla. Dist. Ct. App. Feb. 20, 2015)

Opinion

Case No. 5D14-3126

02-20-2015

BRIAN BLANCHFIELD, Appellant, v. STATE OF FLORIDA , Appellee.

Brian Blanchfield, Century, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport and Marjorie Vincent-Tripp, Assistant Attorneys General, Daytona Beach, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 3.801 Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge. Brian Blanchfield, Century, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport and Marjorie Vincent-Tripp, Assistant Attorneys General, Daytona Beach, for Appellee. PER CURIAM.

Brian Blanchfield appeals from the summary denial of his Florida Rule of Criminal Procedure 3.801 motion for jail credit. The State properly concedes error because the trial court did not attach portions of the record that conclusively demonstrate that Blanchfield was not entitled to relief. See Romine v. State, 151 So. 3d 553 (Fla. 5th DCA 2014) (requiring trial court to grant additional jail credit or attach records that conclusively demonstrate appellant was not entitled to relief).

REVERSED and REMANDED. ORFINGER, EVANDER and COHEN, JJ., concur.