Opinion

Brown v. State

  • 925 So. 2d 429
  • 2006 WL 861343
Court
District Court of Appeal of Florida
Filed
Apr 5, 2006
Status
Published
On the bench
Cope, C.J., and Shepherd, and Rothenberg
Cited by
1 cases
Authority
More cited than 74.6%

The opinion

925 So.2d 429 (2006)

Travis BROWN, Appellant,

v.

The STATE of Florida, Appellee.

No. 3D05-2834.

District Court of Appeal of Florida, Third District.

April 5, 2006.

Travis Brown, in proper person.

Charles J. Crist, Jr., Attorney General, and Robin F. Hazel, Assistant Attorney General, for appellee.

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

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

Defendant argues that he is entitled to jail time credit which was not waived as part of a plea agreement. Because the record now before us fails to make the required showing, see Lundy v. State, 912 So.2d 671 (Fla. 3d DCA 2005), we reverse the order and remand for further proceedings or for the attachment of record excerpts *430 conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.