Brewster v. State

James Brewster challenges the trial court’s denial of his motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. One of the issues Brewster raises does not appear to be conclusively refuted by the record before us, and accordingly we reverse.

Brewster alleges his sentence in case number 89-14423 is illegal because he is entitled to credit for gain time as required by Tripp v. State, 622 So.2d 941 (Fla.1993). Because the attachments to the trial court’s order do not conclusively refute this claim we must reverse and remand for the trial court to consider…