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970 So. 2d 482

Docket No. 5D07-3519.

Carter v. State

Sherman CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 14, 2007.

District Court of Appeal of Florida · decided 2007-12-14

Relies on Shupe v. State

Decided 2007-12-14

¶1Sherman Carter, Tavares, pro se.

¶2No Appearance for Appellee.

¶3PER CURIAM.

¶4Carter appeals the summary denial of his Rule 3.800(a)[1] motion in which he alleged that he was entitled to additional jail-time credit. In denying the motion, the trial court found that Carter had signed a written plea agreement "agreeing to credit for time served from the date of arrest on the violation of probation only." However, the trial court did not attach a copy of the written plea agreement to conclusively refute Carter's claim to additional credit. Accordingly, we reverse and remand for the trial court to either attach portions of the record refuting Carter's claim, or to grant the requested relief. Friss v. State, 881 So.2d 38 (Fla. 5th DCA 2004).

¶5REVERSED and REMANDED.

¶6GRIFFIN, TORPY and EVANDER, JJ., concur.

NOTES

¶7[1] Fla. R.Crim. P. 3.800(a).

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