MORROW v. STATE (2022)

District Court of Appeal of Florida, Second District.

James R. MORROW, Jr., Appellant, v. STATE of Florida, Appellee.

No. 2D21-3937

Decided: March 09, 2022

James R. Morrow, Jr., pro se.

James R. Morrow, Jr., filed a timely motion for jail credit under Florida Rule of Criminal Procedure 3.801. The postconviction court denied the motion based on its review of the record, but it failed to attach those portions of the record upon which it relied. Rule 3.801(e) incorporates rule 3.850, and rule 3.850(f)(5) provides that if the denial of the motion “is based on the records in the case, a copy of that portion of the files and records that conclusively shows that the defendant is entitled to no relief shall be attached to the final order.” Accordingly, we reverse and remand for the postconviction court to attach those portions of the record that conclusively refute Morrow's claim.

Reversed and remanded with instructions.

PER CURIAM.

CASANUEVA, KELLY, and KHOUZAM, JJ., Concur.

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