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993 So. 2d 587

Docket No. 1D08-0648.

Crockett v. State

Todd CROCKETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 24, 2008.

District Court of Appeal of Florida · decided 2008-10-24

Relies on Pruitte v. State

Decided 2008-10-24

¶1Todd Crockett, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The appellant challenges the trial court's summary denial of his "Motion to correct illegal sentence credit for time served" filed pursuant to Florida Rule of Criminal Procedure 3.800(b). Because the record does not conclusively refute the appellant's claim, we reverse.

¶5Upon a violation of probation and resentencing, an accused is entitled to prison credit for all time served on the charge prior to resentencing. See Swain v. State,845 So.2d 314 (Fla. 2d DCA 2003). The appellant stated a facially sufficient claim for prison credit for time served on his charges prior to his violation of probation and resentencing, however, the trial court summarily denied the appellant's motion without providing any record attachments refuting his claim.

¶6We therefore reverse the trial court's summary denial of the appellant's motion for prison credit and remand for the trial court to attach portions of the record that conclusively refute the appellant's claim or to award prison credit as the record dictates.

¶7REVERSED AND REMANDED.

¶8KAHN, VAN NORTWICK, and PADOVANO, JJ., concur.

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