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729 So. 2d 1010

Martin v. State

District Court of Appeal of Florida · decided 1999-04-13

Relies on Larson v. State · 689 So. 2d 1287 - Brown v. State

Decided 1999-04-13

PER CURIAM.

¶1The trial court summarily denied Martin’s 3.850 motion, but failed to attach any record evidence that conclusively refutes his allegations that he was improperly denied jail time credit. See Odum v. State, 700 So.2d 388 (Fla. 1st DCA 1997); Brown v. State, 689 So.2d 1287 (Fla. 1st DCA 1997). Accordingly, we reverse the trial court’s order and remand for attachment of record evidence *1011conclusively refuting his allegations or for an evidentiary hearing.

ERVIN, BOOTH and BENTON, JJ., CONCUR.
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