Moore v. State

The defendant appeals an order denying his Florida Rule of Criminal Procedure 8.800 motion seeking prison credit for the time he served on the incarcerative portion of his probationary split sentence. Because the trial court has failed to attach documentation conclusively refuting the defendant’s allegation, we reverse and remand for further proceedings. The defendant was resentenced in December 2005, following a confession of error and opinion of this Court. Moore v. State, 840 So.2d 274 (Fla. 3d DCA 2003).

A defendant is entitled to credit for the time served on the incarcerative portion of…