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967 So. 2d 340

Roche v. State

District Court of Appeal of Florida

Decided October 3, 2007

District Court of Appeal of Florida · decided 2007-10-03

Cited by 3 later decisions — most recently May 2017

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-10-03

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PER CURIAM.

¶1Pierre A. Roche appeals from an order summarily denying his motion for jail time credit under Florida Rule of Criminal Procedure 3.800. On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

¶2Because we cannot determine from the lower court’s order or record attachments whether the defendant waived his credit for time served, we reverse and remand for an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post conviction motion, the court shall attach record excerpts conclusively showing that the appellant waived jail credit at sentencing, or, if he did not, the trial court shall award proper credit for the time the defendant spent in jail.

¶3Reversed and remanded for further proceedings.

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