Smith v. State

Jerry Lewis Smith appeals the denial of his motion to allow credit for presentence jail time. We reverse.

Appellant claims that he is entitled to 717 days’ credit for time spent in Pinellas County jail awaiting sentencing in three separate cases in which he received concurrent sentences. The trial court denied the motion without attachments from the files and records. This court is unable to determine without any attachments whether Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1989), justifies denial. We also note that the files before this trial court should contain documents that either refute…