Opinion
No. 91-3434.
February 19, 1992.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Richard D. Eade, Judge.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse and remand with instructions to conduct an evidentiary hearing on the question of whether appellant has been properly credited with time served. See Moorer v. State, 556 So.2d 778 (Fla. 1st DCA 1990); Terry v. State, 567 So.2d 1050 (Fla. 5th DCA 1990); Martin v. State, 525 So.2d 901 (Fla. 5th DCA 1987).
DOWNEY, HERSEY and WARNER, JJ., concur.