Porter v. State

District Court of Appeal of Florida

Porter v. State

512 So. 2d 310, 12 Fla. L. Weekly 2225, 1987 Fla. App. LEXIS 10198

CourtDistrict Court of Appeal of Florida

DecidedSeptember 11, 1987

DocketNo. 87-2479

StatusPublished

This text of 512 So. 2d 310 (Porter 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

Porter v. State, 512 So. 2d 310, 12 Fla. L. Weekly 2225, 1987 Fla. App. LEXIS 10198 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

Gerald Porter appeals from the denial of a motion to correct sentence. He claims he was arrested February 28, 1987, on two separate charges (one a violation of community control), but at sentencing April 10 was given full credit for time served against only one of the sentences. Because the sentences imposed run concurrently with one another Porter seeks the same amount of credit applied to both. Daniels v. State, 491 So.2d 543 (Fla.1986).

While it is possible that Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986), might authorize denial of the motion, we cannot determine from the record before us that Porter is not entitled to relief. We therefore remand this case for further consideration. The trial court either should award Porter the extra credit to which he claims entitlement, or should support its ruling with sufficient attachments from the files and records in the case.

Reversed and remanded with directions.

SCHEB, A.C.J., and SCHOONOVER and HALL, JJ., concur.

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