JAMES P. FENNELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
James P. Fennell timely appeals the summary denial of his motion seeking credit for jail time. Attached to the order denying Fennell’s motion are his sentences which reflect that Fennell was given a certain amount of stipulated jail time credit. However, there is no documentation of the stipulation attached to the circuit court’s order. Accordingly, we reverse the denial of the motion and remand to the circuit court for attachment of any documents or other evidence contained in the record that support the denial of the motion. Unless the record conclusively shows that appellant is not entitled to relief, the trial court shall order the state to file an answer. After receipt of the answer, the trial court shall determine whether an evidentiary hearing is required. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute appellant’s allegations. If the court should again deny the appellant’s motion, he has thirty days in which to appeal.
Reversed and remanded.
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.
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Keene v. State, 600 So. 2d 513 (Fla. 2d DCA 1992)…cannabis.1 We reverse the conviction for possession of cannabis on double jeopardy grounds. We affirm in all other respects. Possession is a lesser-included offense of possession with intent to sell the same quantum of contraband. Albury v. State, 585 So. 2d 509 (Fla. 3d DCA 1991). The state’s reliance on State v. McCloud, 577 So. 2d 939 (Fla.1991) is misplaced as McCloud held that possession was not a lesser-included offense of sale under amended section 775.021(4)(b), Florida Statutes (Supp.1988), in that…
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Chumney v. State (Fla. 2d DCA 2021)…e incident of possession violated double jeopardy); see also Keene v. State, 600 So. 2d 513, 513 (Fla. 2d DCA 1992) ("Possession is a lesser-included offense of possession with intent to sell the same quantum of contraband." (citing Albury v. State, 585 So. 2d 509 (Fla. 3d DCA 1991))). We, too, agree. Therefore, we reverse and remand for the trial court to vacate Mr. Chumney's judgment and sentence for possession of cannabis over twenty grams. See Rodriguez, 958 So. 2d at 470-71 ("Accordingly, we reverse th…