Sullo v. State, 663 So. 2d 11

PER CURIAM.

Appellant seeks review of an order summarily denying his rule 3.800(a) motion. Following Fountain v. State, 660 So.2d 376 (Fla. 4th DCA 1995), we reverse the trial court’s order and remand for further proceedings. If the record can answer the question of whether appellant is entitled to jail time credit, the rule 3.800(a) motion is appropriate for seeking relief. If that fact cannot be determined from the record, the rule 3.800(a) motion should be denied.

REVERSED and REMANDED.

DELL, KLEIN and STEVENSON, JJ., concur.

Case Details

Case Name: Sullo v. State

Court Name: District Court of Appeal of Florida

Date Published: Nov 29, 1995

Citations: 663 So. 2d 11; 1995 WL 700185; 1995 Fla. App. LEXIS 12575; No. 95-2587

Docket Number: No. 95-2587

Court Abbreviation: Fla. Dist. Ct. App.