GARY WHITE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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White appealed a sentencing that excluded credit for time served. The appellate court reversed and remanded, finding the trial court failed to create an adequate record regarding whether White had waived credit for time served as part of a plea bargain.
The court reversed and remanded because the trial court failed to create an adequate record showing whether White had specifically waived credit for time served at the time he entered his plea. The trial court must on remand determine whether such a waiver occurred and attach supporting record portions if it again denies the credit.
[1] A defendant may waive the right to credit for time served as part of a negotiated plea agreement.
[2] A trial court's denial of a motion for credit for time served must be supported by portions of the record.
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Join FLexlaw to unlock all legal intelligence“the trial court's sentence specifically excluded credit for time served, rather than failing to address the issue, the question remains unanswered as to whether the appellant waived the right to credit for time served pursuant to section 921.161 Florida Statutes, as part of a plea bargain”
Establishes that the explicit exclusion raises the issue of whether it was part of a negotiated plea bargain
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Join FLexlaw to unlock all legal intelligenceWhite entered a no contest plea and was sentenced to a term that specifically excluded credit for time served. Approximately fourteen months after sen…
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PER CURIAM.
Appellant contends that the trial court erred in not allowing credit for time served when the appellant was initially sentenced and, furthermore, in denying appellant’s motion to allow credit for the county jail time, which said motion was filed approximately fourteen months after the appellant was sentenced.
The record before us reflects that the appellant entered a “no contest” plea, with the court thereafter sentencing the appellant to a sentence that specifically excluded credit for time served. Since the trial court’s sentence specifically excluded credit for time served, rather than failing to address the issue, the question remains unanswered as to whether the appellant waived the right to credit for time served pursuant to section 921.161 Florida Statutes, as part of a plea bargain that was approved and accepted by the court. See Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985). Parenthetically, we note that the appellant has faded to establish, or even allege, that he did not specifically waive credit for time served at the time that he entered his negotiated plea of “no contest”.
Since the trial court failed to attach those portions of the record supporting the denial of the appellant’s motion to allow credit for time served, we reverse the denial of the said motion and remand the case back to the trial court so as to allow the trial court to determine whether, as part of a negotiated plea, the appellant specifically waived the right to receive credit for time served while awaiting dispositions of the instant charge. This reversal is without prejudice to the trial court re-entering its order denying appellant’s credit for time served, and attaching those portions of the record supporting such denial, if the trial court determines that the appellant did, in fact, waive any right that he might otherwise have had to receive credit for time served.
Reversed and remanded with instructions.
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Robinson v. State, 689 So. 2d 1147 (Fla. 4th DCA 1997)…hether 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 probation his "sentence” to the drug facility exceeded one…
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Terrius Render v. State, 802 So. 2d 512 (Fla. 3d DCA 2001)…ect the defendant’s argument. There is a statutory right to credit for time served. § 921.161, Fla. Stat. (1995). However, it has long been established that the right to credit for time served may be waived as part of a plea bargain. White v. State, 656 So. 2d 255, 256 (Fla. 3d DCA 1995); Prangler v. State, 470 So. 2d 105, 106 (Fla. 2d DCA 1985); Epler v. Judges of the Thirteenth Judicial Circuit, 308 So. 2d 134, 135 (Fla. 2d DCA 1975). In the present case, the defendant was charged with multiple armed robbe…
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Scott v. State, 909 So. 2d 965 (Fla. 3d DCA 2005)…al jail credit and the trial court failed to either attach record portions that refute the appellant’s claim to its order or to state that the record is silent regarding jail credit, we reverse and remand for further proceedings. See White v. State, 656 So. 2d 255 (Fla. 3d DCA 1995); Friss v. State, 881 So. 2d 38 (Fla. 5th DCA 2004); Maloy v. State, 888 So. 2d 143 (Fla. 1st DCA 2004). Reversed and remanded.…
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- Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985)