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McGee v. State

District Court of Appeal of Florida, Fifth District.
Nov 6, 2015
178 So. 3d 930 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D15–2350.

11-06-2015

Terrance McGEE, Appellant, v. STATE of Florida, Appellee.

Terrance L. McGee, Lake City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


Terrance L. McGee, Lake City, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

Opinion

PER CURIAM.

Appellant, Terrance McGee, appeals the denial of his Motion for Jail Credit filed pursuant to Florida Rule of Criminal Procedure 3.801. This rule incorporates Florida Rule of Criminal Procedure 3.850(f). See Fla. R. Crim. P. 3.801(e). The motion is timely but facially insufficient. Therefore, the trial court should have allowed Appellant leave to amend within sixty days. See Fla. R. Crim. P. 3.850(f)(2). In the alternative, the trial court should have attached portions of the record that conclusively refute Appellant's claims. Accordingly, we reverse the order under review and remand the case to the trial court either to enter an order allowing sixty days to amend or to attach the pertinent parts of the record that conclusively refute the claims.

REVERSED and REMANDED.

SAWAYA, WALLIS and LAMBERT, JJ., concur.


Summaries of

McGee v. State

District Court of Appeal of Florida, Fifth District.
Nov 6, 2015
178 So. 3d 930 (Fla. Dist. Ct. App. 2015)
Case details for

McGee v. State

Case Details

Full title:Terrance McGEE, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Nov 6, 2015

Citations

178 So. 3d 930 (Fla. Dist. Ct. App. 2015)