RUTIG v. State
District Court of Appeal of Florida
1Per curiam
Shawn Rutig appeals the denial of his motion for additional jail credit filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The trial court explained in its order that Appellant’s sentences are to run concurrently, and Appellant is not entitled to any additional time. However, the trial court did not attach to its order the portions of the record that refute Appellant’s claim. Therefore, we are prevented from concluding that Appellant’s claim has been conclusively refuted by the record. See Fla. R.App. P. 9.141(b)(2)(D); LeBlanc v. State, 997 So.2d 508 (Fla. 5th DCA 2008).
Acc…
2Cases cited1 opinion
- LeBlanc v. StateDistrict Court of Appeal of Florida · 2008