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854 So. 2d 249

Whitaker v. State

District Court of Appeal of Florida

Decided September 5, 2003

District Court of Appeal of Florida · decided 2003-09-05

Relies on American Sightseeing Tours, Inc. v. Jackson · Azevedo v. State

Decided 2003-09-05

PER CURIAM.

¶1The appellant challenges the trial court’s order summarily denying his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach portions of the record conclusively refuting the appellant’s claim for jail credit, we reverse and remand with instructions to either grant relief or attach portions of the record conclusively refuting the appellant’s claim. See Thomas v. State, 634 So.2d 175, 177(Fla. 1st DCA 1994); Azevedo v. State, 769 So.2d 1112 (Fla. 2d DCA 2000).

¶2REVERSED and REMANDED.

ALLEN, DAVIS, and BENTON, JJ., concur.
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