TYRONE L. SUMMERALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the trial court erred in denying jail time credit without attaching documentation to refute the appellant's allegations.
The appellant alleged he spent 171 days in jail awaiting sentencing and sought credit for that time. The trial court denied his motion, apparently bas…
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PER CURIAM.
Tyrone Summerall appeals the denial of his motion which seeks credit for jail time. He alleges he spent 171 days in jail awaiting sentencing and therefore should be awarded 33 additional days’ credit. We reverse.
Although the trial court denied relief based on the appellant’s arrest date for these charges, the trial court failed to attach any documentation evidencing the arrest date. In appeals from summary denials regarding jail credit issues raised pursuant to Florida Rule of Criminal Procedure 3.800(a), this court requires the trial court to attach portions of the record which refute the appellant’s allegations. See, e.g., Littlejohn v. State, 616 So. 2d 129 (Fla. 2d DCA 1993); Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993).
Accordingly, we reverse the trial court’s order. On remand, if the court again denies relief, it must attach portions of its records which refute the appellant’s allegations. If the appellant is aggrieved by any subsequent action of the trial court, he must file a timely notice of appeal to obtain further appellate review.
Reversed and remanded.
PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.
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Becton v. State, 668 So. 2d 1107 (Fla. 2d DCA 1996)…erts that credit has not been properly awarded toward his prison term. Because his motion is facially sufficient as to this claim, the trial court’s denial may not be upheld unless the attachments to the order justify the denial. Summe.mll v. State, 637 So. 2d 370 (Fla. 2d DCA 1994); Smith v. State, 624 So. 2d 351 (Fla. 2d DCA 1993). In its order the court recites the dates, with one clerical error, and explains that an earlier correction of jail time credit rectified any errors which had occurred at the sent…
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Street v. State, 693 So. 2d 695 (Fla. 2d DCA 1997)…als from summary denials regarding jail credit issues raised pursuant to Florida Rule of Criminal Procedure 3.800(a), this court requires the trial court to attach portions of the record which refute the appellant’s allegations.” Summerall v. State, 637 So. 2d 370 (Fla. 2d DCA 1994).1 Street’s motion is facially sufficient because he alleges specific dates that he asserts he spent in jail for which he has not received proper credit. Because there are no attachments to the order to justify denial, the trial co…
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McCLOUD v. State, 638 So. 2d 636 (Fla. 2d DCA 1994)…DCA 1986) (for each sentence, defendant entitled only to credit for time spent in jail for charge which led to that sentence). The court, however, failed to attach any documentation evidencing the arrest and sentencing dates. See Summerall v. State, 637 So. 2d 370 (Fla. 2d DCA 1994). Accordingly, we reverse the trial court’s order. On remand, if the court again denies relief, it must attach portions of its records that refute the appellant’s allegations. If the appellant is aggrieved by any subsequent actio…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993)
- Littlejohn v. State, 616 So. 2d 129 (Fla. 2d DCA 1993)