Tomlinson v. State

District Court of Appeal of Florida

Tomlinson v. State

477 So. 2d 30, 10 Fla. L. Weekly 2378, 1985 Fla. App. LEXIS 16337

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1985

DocketNo. 85-1703

StatusPublished

Cited by2 cases

This text of 477 So. 2d 30 (Tomlinson 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.

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Tomlinson v. State, 477 So. 2d 30, 10 Fla. L. Weekly 2378, 1985 Fla. App. LEXIS 16337 (Fla. Ct. App. 1985).

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Opinion

HALL, Judge.

Appellant, John W. Tomlinson, appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

Appellant's sole allegation is that the trial court failed to give him the correct credit for time served. Appellant alleges that he served two, one-year sentences in the county jail, but he only received credit for four hundred and eighty-six days. Appellant’s allegations, if true, would entitle him to relief under his Rule 3.850 motion.

Appellant is entitled to credit for jail time served from the date of his arrest until the date of sentencing. Zulla v. State, 404 So.2d 202 (Fla. 2d DCA 1981).

We remand this case to the trial court to either hold a hearing to determine the correct amount of time served or to deny appellant’s motion and attach those portions of the record which refute appellant’s claim.

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

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