Rudd v. State

Dean RUDD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 7, 2007.

Rehearing Denied January 9, 2008.

District Court of Appeal of Florida · decided 2007-12-07

Relies on Shupe v. State

Decided 2007-12-07

¶1Dean A. Rudd, Raiford, pro se.

¶2No Appearance for Appellee.

¶3PER CURIAM.

¶4Rudd 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. The trial court denied the motion without attaching any portion of the record to refute Rudd's facially sufficient claim. Accordingly, we reverse and remand for the trial court to either attach portions of the record refuting Rudd's claim or to grant the requested relief. Friss v. State,881 So.2d 38 (Fla. 5th DCA 2004).

¶5REVERSED and REMANDED.

¶6MONACO, LAWSON and EVANDER, JJ., concur.

NOTES

¶7[1] Fla. R.Crim. P. 3.800(a).