MCDANNOLD

v.

STATE

Citator

Cited By

• Joyner v. State, 988 So. 2d 670 (Fla. 3d DCA 2008)
  …4 (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 Florida Supreme Court review in Rivera v. State, 954 So. 2d 1216 (Fla. 3d DCA), review granted, 968 So. 2d 557 (Fla.2007)). The Johnson court held that “a provision in a plea agreement that the defendant is to be awarded credit for time served from a specific date effectively waives any claim to credit for time served before that date.” 974 So. 2d at 1152.…
• Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008)
  …n a plea agreement that the defendant is to be awarded credit for time served from a specific date effectively waives any claim to credit for time served before that date. See also Rivera v. State, 954 So. 2d 1216 (Fla. 3d DCA 2007), review granted, 968 So. 2d 557 (Fla.2007). Contra, e.g., Davis v. State, 968 So. 2d 1051 (Fla. 5th DCA 2007); but cf. Fulcher v. State, 875 So. 2d 647, 649 (Fla. [*1153] 3d DCA 2004) (Cope & Wells, JJ., specially concurring), case dismissed, 890 So. 2d 1114 (Fla.2004); Ryan v. St…
• Etienne v. State, 994 So. 2d 450 (Fla. 3d DCA 2008)
  …dditional credit would mean that defendant would “receive the ‘windfall’ of immediate release.” Fulcher v. State, 875 So. 2d 647, 648 (Fla. 3d DCA 2004). This would be an absurd result. Rivera v. State, 954 So. 2d 1216 (Fla. 3d DCA), review granted, 968 So. 2d 557 (Fla.2007); Fulcher, 875 So. 2d at 648. [*452] However, the defendant is correct that the forfeiture of gain time earned on the original prison sentence thwarts the intention of the plea agreement. Here, as in Williams v. Department of Corrections,…