Ridgeway v. State

District Court of Appeal of Florida

Ridgeway v. State

224 So. 3d 305, 2017 Fla. App. LEXIS 11057, 2017 WL 3271634

CourtDistrict Court of Appeal of Florida

DecidedAugust 2, 2017

Docket3D17-1024

StatusPublished

This text of 224 So. 3d 305 (Ridgeway 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

Ridgeway v. State, 224 So. 3d 305, 2017 Fla. App. LEXIS 11057, 2017 WL 3271634 (Fla. Ct. App. 2017).

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Opinion

SUAREZ, J.

Jerry Jerome Ridgeway appeals from the summary denial of his motion to correct credit for time served. 1 We reverse.

Ridgeway alleges he was not given proper credit for time served in Texas and South Carolina while on hold for transfer to Dade County on a fugitive warrant. There is no evidence in the record before us to show Ridgeway was not entitled to the credit for time served prior to sentencing that he alleges. But see Morales v. State, 970 So.2d 387 (Fla. 3d DCA 2007) (granting a defendant credit for time served outside of the state of Florida on unrelated charges, when a warrant or de-tainer is issued by this state, is discretionary, not mandatory).

On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A), (D). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

1

. A motion seeking additional credit for time served is normally brought pursuant to Florida Rule of Criminal Procedure 3.801.

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SUAREZ, J.

Jerry Jerome Ridgeway appeals from the summary denial of his motion to correct credit for time served. 1 We reverse.

Ridgeway alleges he was not given proper credit for time served in Texas and South Carolina while on hold for transfer to Dade County on a fugitive warrant. There is no evidence in the record before us to show Ridgeway was not entitled to the credit for time served prior to sentencing that he alleges. But see Morales v. State, 970 So.2d 387 (Fla. 3d DCA 2007) (granting a defendant credit for time served outside of the state of Florida on unrelated charges, when a warrant or de-tainer is issued by this state, is discretionary, not mandatory).

On appeal from a summary denial, this Court must reverse unless the post-conviction record shows conclusively that the appellant is entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(A), (D). Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the post-conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

1

. A motion seeking additional credit for time served is normally brought pursuant to Florida Rule of Criminal Procedure 3.801.

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224 So. 3d 305, 2017 Fla. App. LEXIS 11057, 2017 WL 3271634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ridgeway-v-state-fladistctapp-2017.

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