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513 So. 2d 772

513 So.2d 772

12 Fla.L.Weekly 2397

Singleton v. State

District Court of Appeal of Florida

Decided October 9, 1987

District Court of Appeal of Florida · decided 1987-10-09

Decided 1987-10-09

PER CURIAM.

¶1Tanya Singleton appeals the summary denial of her motion to allow credit for jail time. 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.

¶2Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, unless the files and records of the case conclusively show that the prisoner is entitled to no relief, 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 evi-dentiary hearing is required. If the court should again deny appellant’s motion, she has thirty days in which to appeal.

¶3Reversed and remanded.

RYDER, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
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