RYDELL DELARION HOPKINS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002)
  …7 (Fla.1998). [*74] Here, the trial court order denying relief in both cases failed to attach supporting portions of the record refuting appellant’s claims. This is reversible error. Ford v. State, 801 So. 2d 233 (Fla. 2d DCA 2001); Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001); Speer v. State, 734 So. 2d 454 (Fla. 4th DCA 1999). The State has attempted to remedy this error by submitting record attachments along with its response to this court’s order to show cause, but this does not cure the defect in…
• Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)
  …me to which he is entitled, he has been caused to serve “approximately” five months and sixteen days longer than had the jail time been properly credited. We conclude that Gallinat’s motion is legally sufficient. Id. at 426-27. In Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001), we similarly held: Delbert Martin appeals the trial court’s order summarily denying his Rule 3.800(a) motion. Martin alleges that he is entitled to a total of 29 days jail credit. Specifically, he claims that he was held in the…

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• Bliss M. Thomas v. State, 854 So. 2d 743 (Fla. 5th DCA 2003)
  …ord to support the denial of jail time credit. Once a prima facie claim is asserted that the record shows an entitlement to jail time credit, the burden is on the trial court to attach portions of the record to refute the claim. See Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001); Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995). The state’s attempt to provide such documentation to this court in response to this court’s order [*744] to show cause does not cure the defect.1 See Worthington v. State, 667…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)
• Leonard v. State, 760 So. 2d 114 (Fla. 2000)