Leverett v. State, 95-01056

• Decision Date: 26 July 1995
• Docket Number: No. 95-01056,95-01056
• Citation: 658 So.2d 639
• Parties: 20 Fla. L. Weekly D1723 Raul LEVERETT, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 639

658 So.2d 639

20 Fla. L. Weekly D1723

Raul LEVERETT, Appellant, v. STATE of Florida, Appellee.

No. 95-01056.

District Court of Appeal of Florida,

Second District.

July 26, 1995.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.

PER CURIAM.

Raul Leverett has appealed the denial of his motion brought pursuant to Florida Rule of Criminal Procedure 3.800(a). The motion raised jail and gain time credit issues which the trial court summarily denied. Because the order was unaccompanied by any documentation to support the denial of relief, we reverse and remand this cause.

On remand, the trial court may again deny relief and attach to its order those portions of the record which support its decision. The trial court may also, at its discretion, order the state to respond, or conduct an evidentiary hearing in order to resolve Leverett's claims.

Reversed and remanded.

THREADGILL, C.J., and CAMPBELL and WHATLEY, JJ., concur.