Foster v. State

ON MOTION FOR REHEARING

WELLS, Chief Judge.

We grant the State’s motion for rehearing, withdraw the opinion issued on No*7vember 7, 2012, and substitute the following opinion in its stead.

Willie Foster appeals an order denying his Florida Rule of Criminal Procedure 3.800 motion for credit for time served. Because the record before us fails to conclusively refute Foster’s claim that he is entitled to an additional 357 days of pre-sentencing jail time credit, we reverse and remand for further proceedings.

In his Rule 3.800 motion, Foster alleged that he was incarcerated in the county jail for a…