PAIGE ALLISON FRYE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WIGGINTON, Judge.
Frye appeals the summary denial of her motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Her motion alleged that following a plea of guilty to the charge of probation violation, and during sentencing, she was given sixty-four days of credit for time served instead of ninety-four days which she claims she is due. No portion of the file or record was attached to the order denying appellant’s motion. Instead, the order recited that an examination of the court file showed “the defendant was given credit for all the jail time she was entitled to....” '
Appellant’s motion appears to be facially sufficient. Therefore, it was error for the trial court to summarily deny the motion, and this cause is reversed and remanded with directions to the trial court to attach portions of the record which conclusively show that appellant is entitled to no relief or to conduct an evidentiary hearing on the allegations presented in the motion. See Oatsvall v. State, 453 So. 2d 147 (Fla. 1st DCA 1984); West v. State, 455 So. 2d 1158 (Fla. 2d DCA 1984).
BOOTH and BARFÍELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jaggers v. State, 536 So. 2d 321 (Fla. 2d DCA 1988)…41 So. 2d 840 (Fla. 2d DCA 1977); Davis v. Alaska, 415 U.S. 308, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974); Alford v. United States, 282 U.S. 687, 51 S.Ct. 218, 75 L.Ed. 624 (1931); Gamble v. State, 492 So. 2d 1132 (Fla. 5th DCA 1986); Gonzalez v. State, 471 So. 2d 214, 215 (Fla. 4th DCA 1985); Taylor v. State, 455 So. 2d 562 (Fla. 1st DCA 1984); Brown v. State, 424 So. 2d 950 (Fla. 1st DCA 1983). Three cases from this court are directly on point. Pollard v. State, 444 So. 2d 561 (Fla. 2d DCA 1984); Russo v. State…
Authorities Cited
- Oatsvall v. State, 453 So. 2d 147 (Fla. 1st DCA 1984)
- Fowler v. Honorable Uriel Blount, 455 So. 2d 1158 (Fla. 5th DCA 1984)
- West v. State, 455 So. 2d 1158 (Fla. 2d DCA 1984)