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992 So. 2d 289

Docket No. 3D08-1887.

Reyes v. State

Norman REYES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 17, 2008.

District Court of Appeal of Florida · decided 2008-09-17

Relies on 714 So. 2d 429 - State v. Mancino

Decided 2008-09-17

¶1Norman Reyes, in proper person.

¶2Bill McCollum, Attorney General, for appellee.

¶3Before RAMIREZ, and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

¶4PER CURIAM.

¶5This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). Norman Reyes sought credit for time served in jail. On appeal from a summary denial, this Court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

¶6Reyes has raised a facially sufficient claim for Rule 3.800(a) relief. See State v. Mancino, 714 So.2d 429 (Fla.1998). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. On remand, the trial court shall recalculate the award for jail time credit, or if the trial court again enters an order denying the post-conviction motion, the trial court shall attach written portions of the record conclusively refuting the defendant's claim. See Fla. R.App. P. 9.141(b)(2)(D) (requiring reversal by this court unless the record shows conclusively that the defendant is entitled to no relief).

¶7Reversed and remanded for further proceedings.

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