Bigham v. State, 96-02077
| Decision Date | 13 September 1996 |
| Docket Number | No. 96-02077,96-02077 |
| Citation | 679 So.2d 1253 |
| Parties | 21 Fla. L. Weekly D2042 Allen BIGHAM, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal pursuant to Fla. R.App. P. 9.140(g) from the Circuit Court for Pinellas County; Brandt C. Downey, III, Judge.
Allen Bigham appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) claiming that he received insufficient presentence jail time credit. Bigham received twenty days of jail credit when he was sentenced on October 4, 1993. Although Bigham claims that he was "officially charged" while in jail on August 12, 1993, and should receive jail credit from that date, the trial court found that he was initially incarcerated on September 15, 1993, and only entitled to twenty days of jail credit. From the limited record before this court, we are unable to confirm the findings set forth in the trial court's order, which does not include any record attachments.
We reverse because the trial court did not attach portions of the record conclusively showing that Bigham is entitled to no relief. On remand, if the trial court denies the motion again, it shall attach those documents that conclusively refute the jail credit claim. Bigham must seek appellate review of that order within thirty days.
Reversed and remanded.
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Brown v. State, 97-185
...See Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996). But see, Bigham v. State, 679 So.2d 1253 (Fla. 2d DCA 1996); Hood v. State, 676 So.2d 79 (Fla. 3d DCA 1996). That exception is not applicable in this case. Accordingly, Brown should ......