Ament v. State

District Court of Appeal of Florida

Ament v. State

539 So. 2d 611, 14 Fla. L. Weekly 709, 1989 Fla. App. LEXIS 1403, 1989 WL 23511

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 1989

DocketNo. 89-524

StatusPublished

This text of 539 So. 2d 611 (Ament v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ament v. State, 539 So. 2d 611, 14 Fla. L. Weekly 709, 1989 Fla. App. LEXIS 1403, 1989 WL 23511 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

Terry Lee Ament appeals from the summary denial of his motion for postconviction relief in which he alleged that he was not allowed credit for time served in the county jail. Although the trial court found that Ament was correctly given 171 days credit for time served, it failed to attach portions of the record which conclusively refute Ament’s allegations. Accordingly, we reverse the order denying Ament’s motion and remand with directions to either grant the motion or to attach sufficient record excerpts that refute Ament’s allegations. If the trial court again denies Ament’s motion, he must file a notice of appeal within thirty days to obtain further appellate review.

DANAHY, A.C.J., and LEHAN and PARKER, JJ., concur.

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PER CURIAM.

Terry Lee Ament appeals from the summary denial of his motion for postconviction relief in which he alleged that he was not allowed credit for time served in the county jail. Although the trial court found that Ament was correctly given 171 days credit for time served, it failed to attach portions of the record which conclusively refute Ament’s allegations. Accordingly, we reverse the order denying Ament’s motion and remand with directions to either grant the motion or to attach sufficient record excerpts that refute Ament’s allegations. If the trial court again denies Ament’s motion, he must file a notice of appeal within thirty days to obtain further appellate review.

DANAHY, A.C.J., and LEHAN and PARKER, JJ., concur.

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Bluebook (online)

539 So. 2d 611, 14 Fla. L. Weekly 709, 1989 Fla. App. LEXIS 1403, 1989 WL 23511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ament-v-state-fladistctapp-1989.