From Casetext: Smarter Legal Research

Abney v. State

District Court of Appeal of Florida, Fifth District
Oct 13, 1995
661 So. 2d 139 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-1934.

October 13, 1995.

Appeal from the Circuit Court for Citrus County; John Thurman, Judge.

Kenneth Wayne Abney, Gainesville, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for Appellee.


Kenneth Wayne Abney appeals from the order denying his rule 3.800 motion seeking credit for time served in jail prior to his sentence. It may well be that the trial court was correct in his ruling but we are unable to so determine because he failed to attach the appropriate portion of the record to his order. See Bunch v. State, 622 So.2d 525 (Fla. 5th DCA 1993).

Reversed and remanded with instructions to either hold an evidentiary hearing or make the appropriate attachment to the order.

PETERSON, C.J., and DAUKSCH and HARRIS, JJ., concur.


Summaries of

Abney v. State

District Court of Appeal of Florida, Fifth District
Oct 13, 1995
661 So. 2d 139 (Fla. Dist. Ct. App. 1995)
Case details for

Abney v. State

Case Details

Full title:KENNETH WAYNE ABNEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 13, 1995

Citations

661 So. 2d 139 (Fla. Dist. Ct. App. 1995)

Citing Cases

Zygadlo v. State

However, since no documents are attached to the order denying relief, we reverse the order denying relief and…

Thomas v. State

Once a prima facie claim is asserted that the record shows an entitlement to jail time credit, the burden is…