(DOWNLOAD) "Cheatum v. State" by In The District Court Of Appeal Of The State Of Florida Fifth District July Term 2008 # eBook PDF Kindle ePub Free
eBook details
- Title: Cheatum v. State
- Author : In The District Court Of Appeal Of The State Of Florida Fifth District July Term 2008
- Release Date : January 17, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Willie Cheatum appeals from an order denying his rule 3.800(a)motion seeking additional jail credit. Cheatums motion alleges that his entitlement to more jail credit is apparent from the face of the record, particularly pointing to the transcripts from his sentencing hearings. The State concedes that the single attachment to the trial cour ts denial order does not conclusively refute Cheatums claim. Accordingly, we reverse and remand with instructions that the court either grant the motion, if appropriate, or attach copies of those portions of the record that support its denial. See, e.g., Brown v. State, 816 So. 2d 1142 (Fla. 5th DCA 2008). "If the claim cannot be resolved from the face of the record without resorting to fact-finding, [defendant] must file a timely motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850." Petscher v. State, 936 So. 2d 639, 639 (Fla. 5th DCA 2006) (Orfinger, J., concurring).
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