History
  • No items yet
midpage
Parks v. State
18 So. 3d 1199
| Fla. Dist. Ct. App. | 2009
|
Check Treatment
18 So.3d 1199 (2009)

Lynn Marie PARKS, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D09-2187.

District Court of Appeal of Florida, Third District.

September 30, 2009.

Lynn Marie Parks, in proper person.

Bill McCollum, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.

Before COPE and GERSTEN, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

Because, as the state agrees, the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts, including the most recent sentencing transcript and plea colloquy or any written agreement regarding credit for time served, conclusively showing that the appellant is not entitled to an additional 87 days of jail time credit. See Joyner v. State, 988 So.2d 670 (Fla. 3d DCA 2008); Langdon v. State, 947 So.2d 460 (Fla. 3d DCA 2007) (on clarification).

Reversed and remanded for further proceedings.

Case Details

Case Name: Parks v. State
Court Name: District Court of Appeal of Florida
Date Published: Sep 30, 2009
Citation: 18 So. 3d 1199
Docket Number: 3D09-2187
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.