Opinion
No. 98-3809
Opinion filed April 13, 1999.
An appeal from the Circuit Court for Calhoun County, Clinton E. Foster, Judge.
Anthony Martin, Pro Se.
No appearance for Appellee.
The trial court summarily denied Martin's 3.850 motion, but failed to attach any record evidence that conclusively refutes his allegations that he was improperly denied jail time credit.See Odum v. State, 700 So.2d 388 (Fla. 1st DCA 1997); Brown v. State, 689 So.2d 1287 (Fla. 1st DCA 1997). Accordingly, we reverse the trial court's order and remand for attachment of record evidence conclusively refuting his allegations or for an evidentiary hearing.
ERVIN, BOOTH and BENTON, JJ., CONCUR.