Florence v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 DANIELLE SHAUMIKA FLORENCE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-1299 [ August 29, 2007 ] PER CURIAM. We reverse the order denying appellant s Florida Rule of Criminal Procedure 3.800(a) motion. The trial court failed to attach portions of the record that refute appellant s claim that she is entitled to credit for time previously served in prison prior to her violation of probation. Martone v. State, 922 So. 2d 404 (Fla. 4th DCA 2006); Fla. R. App. P. 9.141(b)(2)(D). We remand for the trial court to attach portions of the record that conclusively refute the appellant s claim or for any other appropriate relief. GUNTHER, WARNER and TAYLOR, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Mily RodriguezPowell, Judge; L.T. Case Nos. 02-9197 CF10A & 02-10661 CF10A. Danielle Shaumika Florence, Fort Lauderdale, pro se. Bill McCollum, Attorney General, Tallahassee, and Julie D. Lindahl, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing

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