Legal Opinion

Seymour v. State

District Court of Appeal of Florida

Decided December 31, 2009No. 5D09-3867PublishedCited by 2 opinions

1Per curiam

The Appellant, Wayne Seymour, appeals the summary denial of his rule 3.800(a) motion. 1 In his motion, the Appellant claimed he was entitled to additional jail time credit. The court’s order summarily denying the Appellant’s motion did not include any record attachments to conclusively refute this claim for relief. The court’s order notes that there was a plea agreement setting the amount of jail credit. However, the agreement was not attached to the order. See Fla. R.App. P. 9.141(b)(2)(D); Friss v. State, 881 So.2d 38 (Fla. 5th DCA 2004).

Therefore, the order summarily denying the…

2Cases cited1 opinion

  1. Friss v. StateDistrict Court of Appeal of Florida · 2004

3Cited by2 opinions

  1. Kelly v. StateDistrict Court of Appeal of Florida · 2010
  2. Daniels v. StateDistrict Court of Appeal of Florida · 2009

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