From Casetext: Smarter Legal Research

Walker v. State

District Court of Appeal of Florida, First District
Jan 9, 2009
998 So. 2d 1196 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D08-3478.

January 9, 2009.

An appeal from the Circuit Court for Hamilton County. John W. Peach, Judge.

Charles Walker, pro se, Appellant.

Bill McCollum, Attorney General, and Christine Ann Guard, Assistant Attorney General, Tallahassee, for Appellee.


The appellant has appealed the trial court's order in which the court denied his facially sufficient rule 3.800(a) motion as successive. However, the trial court failed to attach the order relied upon to conclude that the instant motion is successive. We therefore reverse and remand the order for the trial court to attach the prior order which supports the summary denial of the appellant's claim or to otherwise address the merits of the appellant's claim. See Collins v. State, 954 So.2d 1283 (Fla. 1st DCA 2007) (holding that when a defendant submits a facially sufficient rule 3.800(a) motion seeking jail credit, the trial court is required to attach portions of the record conclusively refuting the claim or to award jail time credit as the record dictates).

REVERSED AND REMANDED with directions.

WEBSTER, BROWNING and LEWIS, JJ., concur.


Summaries of

Walker v. State

District Court of Appeal of Florida, First District
Jan 9, 2009
998 So. 2d 1196 (Fla. Dist. Ct. App. 2009)
Case details for

Walker v. State

Case Details

Full title:Charles WALKER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jan 9, 2009

Citations

998 So. 2d 1196 (Fla. Dist. Ct. App. 2009)

Citing Cases

Jordan v. State

Thus, we reverse and remand for the trial court to attach portions of the record indicating that the…