5D04-3530 Harry Washington v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-3530

Case Date: 01/17/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

HARRY L. WASHINGTON, III, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 21, 2005 3.800 Appeal from the Circuit Court for Hernando County, Richard Tombrink, Jr., Judge. Harry L. Washington, III, Bushnell, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D04-3530

PER CURIAM. Appellant challenges an order denying his motion for jail credit made pursuant to Florida Rule of Criminal Procedure 3.800(a). The lower court denied Appellant's motion without attaching documents establishing that appellant is not entitled to the credit. The State concedes error on this point. See Crawford v. State , 823 So. 2d 832 (Fla. 2d DCA 2002).

The order of the trial court is reversed, and this cause is remanded with instructions to the trial court to either grant the relief or attach portions of the record that support the denial of relief. REVERSED and REMANDED.

PLEUS, PALMER and TORPY, JJ., concur.

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