02-0614 PINTADO V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-0614 PINTADO V. STATE

Case Date: 12/11/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

JULIO CESAR PINTADO, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** CASE NO. 3D02-614 LOWER TRIBUNAL NOS. 96-34777 ** 97-16612

Opinion filed December 11, 2002. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Manuel Crespo, Judge. Bennett H. Brummer, Public Defender and Marti Rothenberg, Assistant Public Defender, for appellant. Richard E. Doran, Attorney General and Kristine Keaton and Michael J. Neimand, Assistant Attorneys General, for appellee. Before SCHWARTZ, C.J., and COPE and GODERICH, JJ. PER CURIAM. The defendant seeks review of the denial without hearing of a post conviction motion which sought additional credit for time

served.

Because

of

the

uncertainty

in

the

present

record,

particularly as to the reason for the defendant's confinement in Orange County during the period for which the claim is now made, we vacate the order below and remand for an evidentiary hearing pursuant to Rule 3.850. Consult Tatum v. State, 811 So. 2d 849

(Fla. 3d DCA 2002)(SC02-952, stayed pending review in Gethers v. State, SC01-2639).

2

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