Opinion
No. 4D01-4113
Opinion filed January 16, 2002
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case Nos. 00-11841CF10A 01-830CF10A.
Michael Scott Lacey, Miami, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.
Appellant seeks review of the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he sought jail credit. The trial court failed to attach portions of the record to the appealed order demonstrating that appellant was not entitled to relief, and we find that the motion was legally and factually sufficient. Thompson v. State, 447 So.2d 383 (Fla. 4th DCA 1984);Pauldo v. State, 390 So.2d 125 (Fla. 4th DCA 1980); Gordon v. State, 379 So.2d 1022 (Fla. 1st DCA 1980).
We reverse and remand with instructions to the lower court to either attach copies of the record which refute appellant's claim of entitlement to additional jail time credit, or, if necessary, to either conduct a hearing or award the additional credit sought.
POLEN, C.J., STONE and STEVENSON, JJ., concur.