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Canty v. State

District Court of Appeal of Florida, Third District
Apr 13, 2011
59 So. 3d 294 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D11-605.

April 13, 2011.

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

Keith Canty, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before WELLS, CORTINAS, and EMAS, JJ.


Keith Canty appeals from the summary denial of his motion, pursuant to Florida Rule of Criminal Procedure 3.800(a), to correct illegal sentence (styled as a "Motion for Jail Time Credits"). On appeal from a summary denial of a Rule 3.800 motion, this Court must reverse unless the postconviction record conclusively shows that defendant is entitled to no relief. Fla.R.App.P. 9. 141(b)(2)(d).

Because the record now before us fails to make the required showing, we reverse the order and remand for a hearing or for the attachment of record excerpts conclusively showing that the appellant is entitled to no relief.

Reversed and remanded with instructions.


Summaries of

Canty v. State

District Court of Appeal of Florida, Third District
Apr 13, 2011
59 So. 3d 294 (Fla. Dist. Ct. App. 2011)
Case details for

Canty v. State

Case Details

Full title:Keith CANTY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 13, 2011

Citations

59 So. 3d 294 (Fla. Dist. Ct. App. 2011)