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642 So. 2d 831

Dilbert v. State

District Court of Appeal of Florida

Decided September 23, 1994

District Court of Appeal of Florida · decided 1994-09-23

Relies on 138 So. 2d 510 - Vellucci v. Cochran · 195 So. 2d 562 - Falagan v. Wainwright · 527 So. 2d 891 - Miller Brewing Co. v. Florida Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Good law ✅— No negative treatment on recordhow we know

Decided 1994-09-23

How this case has been cited

Cited by 9 later decisions — most recently August 2014

8 state decisions

50199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Wayne Dilbert appeals the summaiy denial of his motion to correct sentence claiming jail credit was not awarded according to the terms of his plea agreement. Although the written sentence reflects an award of seven days’ jail credit, Dilbert insists that the trial court orally announced he was to receive credit for seven months. We reverse and remand.

¶2According to Dilbert, the sentencing court found that since a void judgment had been entered against him, he was entitled to seven months’ jail credit, representing the time he served after the imposition of the void sentence. See Taylor v. Dugger, 527 So.2d 891 (Fla. 1st DCA 1988); Falagan v. Wainwright, 195 So.2d 562 (Fla.1967); Vellucci v. Cochran, 138 So.2d 510 (Fla.1962).

¶3Dilbert’s claim is not conclusively refuted by the court’s order and attachments; therefore, this matter is remanded for further consideration. The trial court may again deny the motion if it attaches the plea hearing transcript or other documentation which rebuts Dilbert’s allegation. Alternatively, the court shall conduct an evidentiary hearing.

¶4Reversed and remanded.

PARKER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
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