OCASIO v. STATE

No. 3D06-2413.

962 So.2d 1025 (2007)

Michael Angel OCASIO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 8, 2007.


Attorney(s) appearing for the Case

Michael Angel Ocasio, in proper person.

Bill McCollum, Attorney General, for appellee.

Before GERSTEN, C.J., and ROTHENBERG and LAGOA, JJ.


LAGOA, Judge.

Michael Ocasio appeals an order denying his motion under Florida Rule 3.800 for credit for time served. Because the record before us fails to conclusively refute appellant's claim that he is entitled to 426 days, we are obliged to reverse and remand. See Lundy v. State, 912 So.2d 671 (Fla. 3d DCA 2005).

The trial court's order states that appellant is entitled to 256 days, while appellant's post-conviction...

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