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Palomares v. State

District Court of Appeal of Florida, Third District
May 20, 2009
11 So. 3d 426 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D09-757.

May 20, 2009.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.

Nelson Palomares, in proper person.

Bill McCollum, Attorney General, for appellee.

Before GERSTEN, C.J., and COPE and ROTHENBERG, JJ.


Nelson Palomares ("the defendant") appeals the summary denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. Because the record does not conclusively refute the defendant's claim to credit for time served on the incarcerative portion of his split sentence, we reverse and remand for further proceedings. See Isaac v. State, 992 So.2d 304 (Fla. 3d DCA 2008).

Reversed and remanded.


Summaries of

Palomares v. State

District Court of Appeal of Florida, Third District
May 20, 2009
11 So. 3d 426 (Fla. Dist. Ct. App. 2009)
Case details for

Palomares v. State

Case Details

Full title:Nelson PALOMARES, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 20, 2009

Citations

11 So. 3d 426 (Fla. Dist. Ct. App. 2009)