Opinion
No. 4D01-4069
Opinion filed January 16, 2002
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. Case Nos. 99-6947CFA02 99-0007CFA02.
Brenda Collins, Florida City, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, for appellee.
Appellant Brenda Collins appeals two trial court orders denying her motions to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which she claimed entitlement to 35 days of jail credit. A claim seeking jail credit is cognizable in a rule 3.800(a) motion. State v. Swyck, 716 So.2d 767 (Fla. 1998).
Here, the trial court order denying relief in both cases failed to attach supporting portions of the record refuting appellant's claims. This is reversible error. Ford v. State, 2001 WL 1555686 (Fla. 2d DCA Dec. 7, 2001); Martin v. State, 26 Fla. L. Weekly D2569 (Fla. 5th DCA Oct. 26, 2001); Speer v. State, 734 So.2d 454 (Fla. 4th DCA 1999). The State has attempted to remedy this error by submitting record attachments along with its response to this court's order to show cause, but this does not cure the defect in the trial court's orders of summary denial.Saunders v. State, 661 So.2d 134 (Fla. 4th DCA 1995); Foley v. State, 657 So.2d 929 (Fla. 4th DCA 1995).
Accordingly, we reverse and remand for the trial court to refute appellant's claims with appropriate record attachments or to award credit if appropriate.
GUNTHER, KLEIN and STEVENSON, JJ., concur.