Whitehurst v. State

The appellant, Anthony White-hurst, challenges the denial of his sworn motion to declare his concurrent sentences to be coterminous and to award him additional credit for time spent in jail prior to sentencing filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse only that aspect of the order regarding the award of jail credit because the trial court failed to attach portions of the record refuting appellant’s allegations. E.g., Summerall v. State, 637 So.2d 370 (Fla. 2d DCA 1994). On remand, if the trial court again denies relief, it must attach those parts of the record…