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Grimes v. StateGrimes v. State

District Court of Appeal of Florida
Sep 14, 1994
No. 94-2143
Versions:642 So. 2d 145
1994 Fla. App. LEXIS 8858
1994 WL 498416
PER CURIAM.

Appellant seeks review of an order denying his Rule 3.800(a) motion for correction of sentence to include additional credit for time served. There was no evidentiary hearing, and the trial court failed to attach to its order the portions of the record which it relied on for denial. Here, however, the state filed a response to the motion, and attached a copy of appellant’s signed plea agreement which conclusively shows that his motion is without merit. The court stated in its order denying the motion that it had considered the state’s response. Under these circumstances we conclude that the trial court’s failure to attach to its order the portions of the record relied on for denial of the motion is not reversible error.

We agree with the first district, which came to the same conclusion under similar circumstances, in Bland v. State, 563 So.2d 794 (Fla. 1st DCA 1990).

AFFIRMED.

GUNTHER, FARMER and KLEIN, JJ., concur.

Case Details

Case Name: Grimes v. State
Court Name: District Court of Appeal of Florida
Date Published: Sep 14, 1994
Citations: 642 So. 2d 145; 1994 Fla. App. LEXIS 8858; 1994 WL 498416; No. 94-2143
Docket Number: No. 94-2143
Court Abbreviation: Fla. Dist. Ct. App.
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