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MOORE v. STATE

No. 3D11-290.

77 So.3d 710 (2011)

David MOORE, a/k/a David Smith, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 9, 2011.

Attorney(s) appearing for the Case

David Moore , in proper person.

Pamela Jo Bondi , Attorney General, for appellee.

Before SHEPHERD, ROTHENBERG, and SALTER, JJ.

PER CURIAM.

The defendant appeals an order denying his Florida Rule of Criminal Procedure 3.800 motion seeking prison credit for the time he served on the incarcerative portion of his probationary split sentence. Because the trial court has failed to attach documentation conclusively refuting the defendant's allegation, we reverse and remand for further proceedings. The defendant was resentenced in December 2005, following a confession of error and opinion of this...

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