Opinion
No. 5D07-3519.
December 14, 2007.
3.800 Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge.
Sherman Carter, Tavares, pro se.
No Appearance for Appellee.
Carter appeals the summary denial of his Rule 3.800(a) motion in which he alleged that he was entitled to additional jail-time credit. In denying the motion, the trial court found that Carter had signed a written plea agreement "agreeing to credit for time served from the date of arrest on the violation of probation only." However, the trial court did not attach a copy of the written plea agreement to conclusively refute Carter's claim to additional credit. Accordingly, we reverse and remand for the trial court to either attach portions of the record refuting Carter's claim, or to grant the requested relief. Friss v. State, 881 So.2d 38 (Fla. 5th DCA 2004).
REVERSED and REMANDED.
GRIFFIN, TORPY and EVANDER, JJ., concur.