Dan Harris McNorton v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledDecember 1, 2021
Docket3D21-1710
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed December 1, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1710
Lower Tribunal No. F18-19149
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Dan Harris McNorton,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Marlene Fernandez-Karavetsos,
Judge.
Dan Harris McNorton, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, C.J., and EMAS, and BOKOR, JJ.
PER CURIAM.
Dan Harris McNorton appeals an order summarily denying his motion
to correct jail credit under Florida Rule of Criminal Procedure 3.801. On
appeal from a summary denial, this Court must reverse unless the post-
conviction record shows conclusively that the appellant is entitled to no relief.
See Fla. R. App. P. 9.141(b)(2)(D).
Because the record now before us fails to make the required showing,
we reverse the order and remand for further proceedings. If the trial court
again enters an order summarily denying the post-conviction motion, the
court shall attach record excerpts conclusively showing that the appellant is
not entitled to any relief.
Reversed and remanded for further proceedings.
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