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985 So. 2d 1154

Docket No. 3D08-929.

Fernandez v. State

Eloy T. FERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-06-18

Decided 2008-06-18

¶1Eloy T. Fernandez, in proper person.

¶2Bill McCollum, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.

¶3Before GERSTEN, C.J., and RAMIREZ, J., and SCHWARTZ, Senior Judge.

¶4*1155 PER CURIAM.

¶5This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a), in which the defendant sought additional credit for time served in jail. 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).

¶6Because the record now before us fails to make the required showing, we reverse the order and remand for recalculation of the award for jail time credit or attachment of record excerpts conclusively showing that the defendant is not entitled to any relief.

¶7Reversed and remanded for further proceedings.

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