MICHAEL L. BUTLER v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL L. BUTLER, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D06-3117 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed October 20, 2006. An appeal from the Circuit Court for Suwannee County. David W. Fina, Judge. Michael L. Butler, pro se, Appellant. Charlie Crist, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges the trial court s summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant stated a facially sufficient claim that he is entitled to additional jail credit, and because the trial court failed to attach portions of the record which conclusively refute the appellant s claim, we reverse and remand to the trial court to attach additional portions which conclusively refute the appellant s claim or to grant the relief requested. See Dorminey v. State, 895 So. 2d 533 (Fla. 1st DCA 2005). REVERSED and REMANDED. BROWNING, C.J., DAVIS, and LEWIS, JJ., CONCUR. 2

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