DION R. WAYE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2013-05-15
No. 3D13-731
Before ROTHENBERG and EMAS, JJ., and SCHWARTZ, Senior Judge.
114 So. 3d 350 Florida District Court of Appeal, Third District (2013) Positive Treatment
Cited by 4 cases
Topics
Rule 3.800(A) Motion Negotiated Plea Agreement Credit For Time Served

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Opinion of the Court
PER CURIAM.

CORRECTED OPINION

PER CURIAM.

On the court’s own motion, we withdraw the earlier opinion issued April 24, 2013, and substitute the following corrected opinion in its place.

Appellant Dion Waye appeals from an order summarily denying his motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking an award of 1249 days of credit for time served prior to sentencing. The trial court summarily denied the motion, stating in its order that the defendant expressly agreed that, as part of a negotiated plea, he would receive only 925 days of credit. Although the trial court’s order makes reference to the minutes of the court file which purport to indicate the award of 925 days’ credit, neither that portion of the court file, nor *351the relevant portions of the plea colloquy, were attached to the order.

We therefore reverse and remand for the trial court to either enter an order attaching that portion of the record which shows conclusively that Appellant is entitled to no relief, see Fla. R. App. P. 9.141(b)(2)(D) (providing “[o]n appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order shall be reversed and the cause remanded for an evidentiary hearing or other appropriate relief’), or for further appropriate proceedings on the motion.

Reversed and remanded for proceedings consistent with this opinion.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Casteel v. State, 141 So. 3d 624 (Fla. 4th DCA 2014)
    …The State concedes, however, that we would normally remand based on the trial court’s failure to attach records showing conclusively that appellant was not entitled to relief. See St Cyr v. State, 126 So. 3d 1166 (Fla. 4th DCA 2012); Ways v. State, 114 So. 3d 350 (Fla. 3d DCA 2013). [*625] We do not accept the State’s concession. The Florida Supreme Court has made clear that a trial court is not required to attach any records to an order denying a rule 8.800(a) motion. Johnson v. State, 60 So. 3d 1045, 1051…
  • Blankenship v. State, 143 So. 3d 477 (Fla. 1st DCA 2014)
    …to attach the portion of the record which refutes Appellant’s entitlement to 52 days credit; to resentence Mr. Blankenship with credit for 52 days of time served; or for other appropriate proceedings consistent with this opinion. See Waye v. State, 114 So. 3d 350, 351 (Fla. 3d DCA 2013) (remanding because Florida Rule of Appellate Procedure 9.141(b)(2)(D) requires the appellate record to “show[] conclusively that the appellant is entitled to no relief’). REVERSED IN PART AND REMANDED. BENTON, CLARK, and…

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