WESLEY P. PRANGLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SCHEB, Acting Chief Judge.
Defendant appeals the trial court’s denial of his motion for post-conviction relief seeking to correct an allegedly illegal sentence.
The court sentenced defendant Wesley P. Prangler to concurrent terms of eleven and one-half months in county jail on three counts of burglary of a conveyance, a third-degree felony. The sentences were imposed pursuant to a plea bargain and no credit was allowed for time served or gain time. Although defendant admits the voluntariness of his nolo contendere plea to the three burglary charges, he contends that he could not waive his rights to jail credit and gain time under any circumstances.
Defendant’s argument concerning jail credit is legally insufficient because he could validly enter into a plea bargain waiving his right to credit for time served. Epler v. Judges of the Thirteenth Judicial Circuit, 308 So. 2d 134 (Fla. 2d DCA 1975). However, the award of statutory gain time for good conduct in county jail is a function of the county commissioners. § 951.21, Fla.Stat. (1983). See also Curry v. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982). Thus, a trial court has no authority to prevent gain time. See Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985). Consequently, any waiver of gain time by the defendant was ineffective and the portion of the trial court order referring to gain time was surplusage.
Accordingly, we modify defendant’s sentence by striking reference to his waiver of gain time.
Affirmed as modified.
SCHOONOVER and FRANK, JJ., concur.
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Citator
Cited By (13 total)
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Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995)…. 2d 1177 (Fla. 4th DCA 1994). The state correctly argues that a defendant can waive credit for time served as part of a plea agreement. See Epler v. Judges of the Thirteenth Judicial Circuit, 308 So. 2d 134 (Fla. 2d DCA 1975) and Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985). However, in those eases, the waivers were clearly shown on the record. Where a defendant’s waiver of credit for time served on the incarcerative portion of a split sentence is not clearly shown on the record, it will not be pres…
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Joyner v. State, 988 So. 2d 670 (Fla. 3d DCA 2008)…4. By statute a defendant is to be given “credit for all of the time she or he spent in the county jail before sentence.” § 921.161(1), Fla. Stat. (2004). Credit for time served may be waived, however, as part of a plea agreement. Prangler v. State, 470 So. 2d 105, 106 (Fla. 2d DCA 1985); Epler v. Judges of the Thirteenth Judicial Circuit, 308 So. 2d 134 (Fla. 2d DCA 1975). We affirm the denial of relief on authority of Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008) (stayed pending disposition of Flori…
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Robinson v. State, 689 So. 2d 1147 (Fla. 4th DCA 1997)…d STEVENSON, JJ., concur. . We specifically do not decide whether the drug farm is the functional equivalent of jail so as to require credit for time served. Even if it were, a defendant may agree to waive credit for time served. Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985); see also White v. State, 656 So. 2d 255 (Fla. 3d DCA 1995); Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995). Therefore, the prior service at the farm would not be included in determining whether in modifying appellant’s…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Epler v. Judges OF the Thirteenth Judicial Circuit, 308 So. 2d 134 (Fla. 2d DCA 1975)
- Curry v. Louie L. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982)
- Valdes v. State, 469 So. 2d 868 (Fla. 3d DCA 1985)