RODRIGUEZ v. STATE

No. 3D09-623.

22 So.3d 833 (2009)

Gabriel RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 25, 2009.


Attorney(s) appearing for the Case

Gabriel Rodriguez, in proper person.

Bill McCollum, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.

Before WELLS, LAGOA, and SALTER, JJ.


LAGOA, Judge.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

Appellant asserts that in his probation violation case he is entitled to credit for time served. The...

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