SHERRY D. WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Motion To Correct Sentence cases and more on FLexlaw
PER CURIAM.
Sherry D. Wilson appeals the summary denial of her motion to correct sentence, which we treat as a motion filed pursuant to Florida Rule . of Criminal Procedure 3.850. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or record to refute appellant’s allegation regarding credit for jail time.
Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, if the files and records in the case conclusively show that the prisoner is entitled to no relief, such records must be attached to the order denying the motion. In the event the files and records do not refute the appellant’s allegations, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evidentiary hearing is required. If the court should again deny appellant’s motion, she has thirty days in which to appeal.
Reversed and remanded.
RYDER, A.C.J., and SCHOONOVER and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Prince Turner v. State, 670 So. 2d 1031 (Fla. 2d DCA 1996)…sworn, and would have been timely had he filed it in fact as a rule 3.850 motion. Although the trial court declined to do so, we treat the motion as one filed for posteonviction relief under Florida Rule of Criminal Procedure 3.850. Wilson v. State, 514 So. 2d 1156 (Fla. 2d DCA 1987). Turner claims that the court and his attorney made representations to him to induce the plea which have not been fulfilled and alleges that the plea to the violation to community control was involuntarily entered. The court did…
-
Vanderblomen v. State, 709 So. 2d 144 (Fla. 1st DCA 1998)…appeal. See, e.g., Wright v. State, 589 So. 2d 382 (Fla. 4th DCA 1991); Griffin v. State, 573 So. 2d 979 (Fla. 5th DCA 1991); Richards v. State, 521 So. 2d 292 (Fla. 1st DCA 1988); Kelly v. State, 515 So. 2d 308 (Fla. 3d DCA 1987); Wilson v. State, 514 So. 2d 1156 (Fla. 2d DCA 1987).3 Consistent with then existing 3.800(a) case law, this court reasoned at the time that claims for additional presentencing jail or prison credit could not be procedurally barred if raised in 3.850 motions because the denial of th…