Legal Opinion

Fensler v. State

District Court of Appeal of Florida

Decided September 25, 1996No. 95-4443Published

1Per curiam

We reverse the trial court’s order and remand with direction to the trial court to treat the claim of clerical error in jail time credit pursuant to rule 3.850 and either attach portions of the record refuting the claim, or conduct an evidentiary hearing. See Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); Matthews v. State, 664 So.2d 6 (Fla. 4th DCA 1995); McClain v. State, 629 So.2d 320 (Fla. 1st DCA 1993).

GLICKSTEIN, DELL and POLEN, JJ., concur.

2Cases cited3 opinions

  1. Sullivan v. StateDistrict Court of Appeal of Florida · 1996
  2. McClain v. StateDistrict Court of Appeal of Florida · 1993
  3. Matthews v. StateDistrict Court of Appeal of Florida · 1995