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920 So. 2d 1247

Docket No. 5D06-31.

Stewart v. State

Terry STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 24, 2006.

District Court of Appeal of Florida · decided 2006-02-24

Cited by 1 later decisions — most recently October 2007

1 state decisions

Relies on Wallen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-02-24

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¶1Robert Wesley, Public Defender, Eileen Forrester, Assistant Public Defender Orlando, for Appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, Kristen L. Davenport, Assistant Attorney General, Daytona Beach for Appellee.

¶3PALMER, J.

¶4Terry Stewart (defendant) appeals the trial court's order which summarily denied his rule 3.800(a) motion seeking additional jail credit.[1] The trial court denied relief, stating that the defendant had sought the same credit in a prior 3.800(a) motion and in a letter addressed to the court. However, the trial court did not attach a copy of either the prior 3.800(a) motion or the order denying relief to its order. Although a trial court should deny a successive 3.800(a) motion, the trial court is required to attach the relevant portions of the record which demonstrate that the motion is successive. See Wallen v. State,860 So.2d 1054 (Fla. 5th DCA 2003).

¶5*1248 Accordingly, we reverse the trial court's order and remand this matter to the trial court with instructions to attach the appropriate documentation to show that defendant's motion is successive.

¶6REVERSED and REMANDED.

¶7PLEUS, C.J. and SHARP, W., J., concur.

NOTES

¶8[1] See Fla. R.Crim. P. 3.800.

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