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Brooks v. State

District Court of Appeal of Florida, Fifth District
Oct 28, 2005
913 So. 2d 731 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D05-2524.

October 28, 2005.

3.800 Appeal from the Circuit Court for Volusia County, R. Michael Hutcheson, Judge.

William S. Brooks, Monticello, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


William S. Brooks appeals the summary denial of his rule 3.800(a) motion for jail credit. He contends that he was not given proper credit for time served in the Columbia County jail for a probation violation in a Volusia County case for which he was later sentenced. Further, Brooks asserts that court records prove his entitlement to additional credit for time served. The trial court denied Brooks's motion without explanation and without attaching or incorporating court records. We reverse and remand to the trial court to either attach portions of the record to support the denial of jail credit or to award the proper credit. See Friss v. State, 881 So.2d 38 (Fla. 5th DCA 2004); Walsh v. State, 866 So.2d 162 (Fla. 5th DCA 2004); Thomas v. State, 854 So.2d 743 (Fla. 5th DCA 2003).

REVERSED and REMANDED with instructions.

PETERSON and PALMER, JJ., concur.


Summaries of

Brooks v. State

District Court of Appeal of Florida, Fifth District
Oct 28, 2005
913 So. 2d 731 (Fla. Dist. Ct. App. 2005)
Case details for

Brooks v. State

Case Details

Full title:William S. BROOKS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 28, 2005

Citations

913 So. 2d 731 (Fla. Dist. Ct. App. 2005)