ECCLES MAYO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Eccles Mayo, Appellant, timely challenges the trial court’s denial of his rule 3.800(a) motion for jail credit. Appellant’s motion complied with Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). Furthermore, the records attached to the trial court’s order denying relief appear to be nothing more than clerk’s notes and do not conclusively refute the claim. Accordingly, we reverse and remand to the trial court for attachment of records conclusively refuting the claim, if such is possible. If the record available to the trial court establishes that Appellant is entitled to the credit he requests, the court shall award him the jail credit. If the record does not refute the claim and an evidentiary hearing is necessary, the motion should be denied without prejudice to Appellant raising a timely motion for postconviction relief, pursuant to Florida Rule of Criminal Procedure 3.850.
POLEN, C.J., FARMER and TAYLOR, JJ., concur.
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Burke v. State, 855 So. 2d 207 (Fla. 1st DCA 2003)…tached only a “Progress of Case” sheet. This was insufficient for two reasons. First, the document appears to be clerk’s notes, rather than a portion of the record. See Collins v. State, 835 So. 2d 373, 373 (Fla. 1st DCA 2003), citing Mayo v. State, 825 So. 2d 1006, 1006 (Fla. 4th DCA 2002)(noting that “the records attached to the trial court’s order denying relief appear to be nothing more than clerk’s notes and do not conclusively refute the claim”). Second, nothing in the document conclusively shows either…
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Collins v. State, 835 So. 2d 373 (Fla. 1st DCA 2003)…634 So. 2d 175, 177 (Fla. 1st DCA 1994); State v. Mancino, 714 So. 2d 429, 433 (Fla.1998). Furthermore, the record portions attached to the trial court’s order were clerk’s notes that do not conclusively refute the appellant’s claim. Mayo v. State, 825 So. 2d 1006 (Fla. 4th DCA 2002). We accordingly reverse and remand for the trial court to support its denial with record attachments or to grant the relief sought. REVERSED and REMANDED. VAN NORTWICK and POLSTON, JJ., and SMITH, LARRY G„ Senior Judge, Concu…
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