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Locke v. State

District Court of Appeal of Florida, Second District
Apr 6, 2001
787 So. 2d 104 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-724.

Opinion filed April 6, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Highlands County; J. David Langford, Judge.


Donald Ray Locke appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand only as to Locke's claim that he is entitled to credit for time served for the time he was detained in Escambia County pursuant to the Highlands County warrant. See Bryant v. State, 26 Fla. L. Weekly D693 (Fla. 2d DCA Mar. 7, 2001) (en banc) (holding that defendant entitled to credit for time served in another county from the date the detainer is placed on him, even if not officially arrested). Because the trial court's order does not include any attachments that conclusively refute Locke's claim on this issue, we reverse. On remand, the trial court shall either grant relief or attach documents that conclusively refute Locke's claim. We affirm the denial of Locke's other claims.

Affirmed in part, Reversed in part, and Remanded for further proceedings.

FULMER and STRINGER, JJ., Concur.


Summaries of

Locke v. State

District Court of Appeal of Florida, Second District
Apr 6, 2001
787 So. 2d 104 (Fla. Dist. Ct. App. 2001)
Case details for

Locke v. State

Case Details

Full title:DONALD RAY LOCKE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Apr 6, 2001

Citations

787 So. 2d 104 (Fla. Dist. Ct. App. 2001)