Bermudez v. State

Javier Bermudez appeals from the summary denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. We reverse.

Bermudez asserts that the sentencing transcript will show that he did not waive credit for time served. Neither the transcript nor the sentencing documents are in the record on appeal. See Cozza v. State, 756 So.2d 272, 273 (Fla. 3d DCA 2000) (“Where a defendant’s waiver of credit for time served is not clearly shown on the record, it will not be presumed.”); Isaac v. State, 992 So.2d 304 (Fla 3d DCA 2008) (same).

On appeal from a summary…