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666 So. 2d 601

Poole v. State

District Court of Appeal of Florida

Decided January 24, 1996

District Court of Appeal of Florida · decided 1996-01-24

Cited by 1 later decisions — most recently January 2009

1 state decisions

Relies on 660 So. 2d 376 - Fountain v. State · McCray v. State · Haggerty v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-24

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PER CURIAM.

¶1This is an appeal from a final order of the Broward County Circuit Court which summarily denied a motion for clarification of sentence. This court has treated the motion as if filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure.

¶2Appellant has claimed that his three sentences are illegal due to the denial of equal jail-time credit on them. The trial court summarily denied his motion without attaching any portions of the trial court record.

¶3Since the motion was legally sufficient, Fountain v. State, 660 So.2d 376 (Fla. 4th DCA 1995), the trial court erred in summarily denying it without attachments of portions of the record. McCray v. State, 633 So.2d 561 (Fla. 4th DCA 1994); Haggerty v. State, 632 So.2d 668 (Fla. 4th DCA 1994).

¶4We therefore reverse and remand for attachment of portions of the record.

¶5REVERSED AND REMANDED.

GUNTHER, C.J., and GLICKSTEIN and PARIENTE, JJ., concur.
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