Abney v. State, 661 So. 2d 139

PER CURIAM.

Kenneth Wayne Abney appeals from the order denying his rule 3.800 motion seeking credit for time served in jail prior to his sentence. It may well be that the trial court was correct in his ruling but we are unable to so determine because he failed to attach the appropriate portion of the record to his order. See Bunch v. State, 622 So.2d 525 (Fla. 5th DCA 1993).

Reversed and remanded with instructions to either hold an evidentiary hearing or make the appropriate attachment to the order.

PETERSON, C.J., and DAUKSCH and HARRIS, JJ., concur.

Case Details

Case Name: Abney v. State

Court Name: District Court of Appeal of Florida

Date Published: Oct 13, 1995

Citations: 661 So. 2d 139; 1995 WL 601317; 95-1934

Docket Number: 95-1934

Court Abbreviation: Fla. Dist. Ct. App.