Darrian J. Rhodes v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DARRIAN JOVAN RHODES, Appellant, v. Case No. 5D15-1916 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed December 4, 2015 3.801 Appeal from the Circuit Court for Orange County, Christi L. Underwood, Judge. Darrian Jovan Rhodes, Bonifay, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Darrian Rhodes appeals the summary denial of his Florida Rule of Criminal Procedure 3.801(a) motion to correct jail credit. The State properly concedes that the records attached to the trial court’s order do not conclusively refute Rhodes’ claim. Accordingly, we reverse and remand for the trial court to either deny the motion and attach records conclusively refuting Rhodes’ claim, hold a hearing, or grant the motion. Adkins v. State, 40 Fla. L. Weekly D1391 (Fla. 5th DCA June 19, 2015). REVERSED and REMANDED. PALMER, EVANDER and WALLIS, JJ., concur. 2

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