From Casetext: Smarter Legal Research

Summerall v. State

District Court of Appeal of Florida, Second District
Jun 1, 1994
637 So. 2d 370 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-01048.

June 1, 1994.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Polk County; Daniel T. Andrews, Judge.


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.


Summaries of

Summerall v. State

District Court of Appeal of Florida, Second District
Jun 1, 1994
637 So. 2d 370 (Fla. Dist. Ct. App. 1994)
Case details for

Summerall v. State

Case Details

Full title:TYRONE L. SUMMERALL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 1, 1994

Citations

637 So. 2d 370 (Fla. Dist. Ct. App. 1994)

Citing Cases

Whitehurst v. State

We reverse only that aspect of the order regarding the award of jail credit because the trial court failed to…

Vowell v. State

On remand, if the court again denies relief, it must attach portions of its records that refute the…