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Worthy v. State

District Court of Appeal of Florida, Fourth District
Mar 20, 1996
669 So. 2d 1125 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1035.

March 20, 1996.

Appeal of order denying rule 3.800 (a) motion from the Circuit Court of the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge.

Carnell Worthy, Madison, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.


Appellant appeals the denial of his rule 3.800 motion to correct sentence. The state concedes that the case must be remanded to the lower court so that the lower court can attach a copy of the sentencing transcript to its order. See Wright v. State, 589 So.2d 382 (Fla. 4th DCA 1991) (post-conviction order which summarily denied jail-time credit issue had to be remanded due to trial court's failure to attach portion of record that conclusively refuted defendant's claim). Accordingly, we reverse and remand.

GUNTHER, C.J., and GLICKSTEIN and SHAHOOD, JJ., concur.


Summaries of

Worthy v. State

District Court of Appeal of Florida, Fourth District
Mar 20, 1996
669 So. 2d 1125 (Fla. Dist. Ct. App. 1996)
Case details for

Worthy v. State

Case Details

Full title:CARNELL WORTHY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 20, 1996

Citations

669 So. 2d 1125 (Fla. Dist. Ct. App. 1996)