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Butler, v. State of Florida

District Court of Appeal of Florida, First District
Oct 20, 2006
939 So. 2d 1153 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D06-3117.

October 20, 2006.

Appeal from the Circuit Court, Suwannee County, David W. Fina, J.

Michael L. Butler, pro se, Appellant.

Charlie Crist, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the trial court's summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant stated a facially sufficient claim that he is entitled to additional jail credit, and because the trial court failed to attach portions of the record which conclusively refute the appellant's claim, we reverse and remand to the trial court to attach additional portions which conclusively refute the appellant's claim or to grant the relief requested. See Dorminey v. State, 895 So.2d 533 (Fla. 1st DCA 2005).

REVERSED and REMANDED.

BROWNING, C.J., DAVIS, and LEWIS, JJ., concur.


Summaries of

Butler, v. State of Florida

District Court of Appeal of Florida, First District
Oct 20, 2006
939 So. 2d 1153 (Fla. Dist. Ct. App. 2006)
Case details for

Butler, v. State of Florida

Case Details

Full title:Michael L. BUTLER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 20, 2006

Citations

939 So. 2d 1153 (Fla. Dist. Ct. App. 2006)