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637 So. 2d 370

Docket No. 94-01048.

Summerall v. State

Tyrone L. SUMMERALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1994-06-01

Cited by 10 later decisions — most recently May 1997

10 state decisions

Key passage — most relied on by later courts

“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.”

quoted by 1 later decision, including 693 So. 2d 695 - Street v. State

Relies on 611 So. 2d 600 - Thomas v. State · Littlejohn v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-06-01

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2Tyrone 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.

¶3Although 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).

¶4Accordingly, 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.

¶5Reversed and remanded.

¶6PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.

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