From Casetext: Smarter Legal Research

Maloy v. State

District Court of Appeal of Florida, First District
Nov 30, 2004
888 So. 2d 143 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-3010.

November 30, 2004.

An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge.

Appellant, pro se.

Charlie Crist, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the trial court's summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the motion states a facially sufficient claim that the appellant is entitled to additional jail credit and the trial court failed to either attach record portions that refute the appellant's claim to its order or to state that the record is silent regarding jail credit, we reverse and remand for further proceedings. See Koester v. State, 864 So.2d 1282 (Fla. 1st DCA 2004).

REVERSED and REMANDED.

ALLEN, DAVIS, and BENTON, JJ., concur.


Summaries of

Maloy v. State

District Court of Appeal of Florida, First District
Nov 30, 2004
888 So. 2d 143 (Fla. Dist. Ct. App. 2004)
Case details for

Maloy v. State

Case Details

Full title:Paul MALOY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 30, 2004

Citations

888 So. 2d 143 (Fla. Dist. Ct. App. 2004)

Citing Cases

Scott v. State

Because the motion states a facially sufficient claim that Scott may be entitled to additional jail credit…