Ryan v. State

District Court of Appeal of Florida

Ryan v. State

562 So. 2d 448, 1990 Fla. App. LEXIS 4472, 1990 WL 84425

CourtDistrict Court of Appeal of Florida

DecidedJune 22, 1990

DocketNo. 90-00805

StatusPublished

This text of 562 So. 2d 448 (Ryan 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

Ryan v. State, 562 So. 2d 448, 1990 Fla. App. LEXIS 4472, 1990 WL 84425 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Roy Ryan appeals the summary denial of his motion to correct sentence. It appears that he is serving concurrent 30-month sentences in two separate circuit court cases, but with presentence jail credit of 201 days awarded in only one case. Ryan asserts that he is entitled to the same amount of credit-time applied equally against both sentences. See Daniels v. State, 491 So.2d 543 (Fla.1986).

The trial court, in denying the motion, failed to provide portions of the record sufficient to refute Ryan’s claim. Thus we are unable to determine whether the holding in Daniels applies to this case, requiring equal credit against both sentences, or whether circumstances may exist which justify an unequal award of credit. See, e.g., Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986). Accordingly, we remand this case for further proceedings. After remand, if the trial court again determines that Ryan’s motion should be denied, it should attach to its order whatever documentation is relied upon in support of its findings. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain further appellate review.

Reversed.

SCHEB, A.C.J., and LEHAN and THREADGILL, JJ., concur.

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PER CURIAM.

Roy Ryan appeals the summary denial of his motion to correct sentence. It appears that he is serving concurrent 30-month sentences in two separate circuit court cases, but with presentence jail credit of 201 days awarded in only one case. Ryan asserts that he is entitled to the same amount of credit-time applied equally against both sentences. See Daniels v. State, 491 So.2d 543 (Fla.1986).

The trial court, in denying the motion, failed to provide portions of the record sufficient to refute Ryan’s claim. Thus we are unable to determine whether the holding in Daniels applies to this case, requiring equal credit against both sentences, or whether circumstances may exist which justify an unequal award of credit. See, e.g., Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986). Accordingly, we remand this case for further proceedings. After remand, if the trial court again determines that Ryan’s motion should be denied, it should attach to its order whatever documentation is relied upon in support of its findings. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain further appellate review.

Reversed.

SCHEB, A.C.J., and LEHAN and THREADGILL, JJ., concur.

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562 So. 2d 448, 1990 Fla. App. LEXIS 4472, 1990 WL 84425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-state-fladistctapp-1990.

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