Allen v. State

DAUKSCH, Judge.

We have for review an order of the Circuit Court of Palm Beach County summarily denying Appellant’s motion to vacate filed pursuant to Rule 3.850, Fla.R.Crim.P.

Rule 3.850 requires that a trial court grant an evidentiary hearing to consider issues raised by a motion filed under the rule unless the motion and the files and records in the case conclusively show that the prisoner is entitled to no relief. Saunders v. State, 340 So.2d 940 (4 DCA 1976).

Appellant alleged in his motion that the trial court failed to grant him credit for all time served between the time he was charged…