MICHAEL DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Fulcher v. State, 875 So. 2d 647 (Fla. 3d DCA 2004)
  …t for time served in prison on the original sentence, especially in the absence of any documentation establishing a waiver of credit during a negotiated plea for the probation violation See Waters v. State, 662 So. 2d 332 (Fla.1995); Wells v. State, 751 So. 2d 703 (Fla. 1st DCA 2000). The record before us contains no documentation that Fulcher waived his entitlement to credit for prison time served. However, for Fulcher to receive the “windfall” of immediate release by application of five year’s credit for ti…
• Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000)
  …ndant can waive credit for time served as part of a plea agreement, such waiver must be clearly shown on the record. “Where a defendant’s waiver of credit for time served is not clearly shown on the record, it will not be presumed.” Wells v. State, 751 So. 2d 703, 704 (Fla. 1st DCA 2000) (citations omitted); see also Reyes v. State, 752 So. 2d 139 (Fla. 3d DCA 2000); Weaver v. State, 24 Fla. L. Weekly D 2242, — So. 2d -, 1999 WL 765946 (Fla. 3d DCA Sept. 29, 1999). The same logic applies to revocation of com…
• Briggs v. State, 929 So. 2d 1151 (Fla. 5th DCA 2006)
  …tate, 851 So. 2d 831 (Fla. 1st DCA 2003). Further, a waiver of jail credit will not be presumed and the state has the burden to clearly establish a waiver occurred. See Ryan; Haines; Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000); Wells v. State, 751 So. 2d 703 (Fla. 1st DCA [*1154] 2000); Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995). That was not done in this case. Accordingly, we reverse the order denying credit for jail time served and remand to the trial court to award the 209 days that w…

Authorities Cited

• State v. Thompson, 750 So. 2d 643 (Fla. 1999)
• Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998)
• Salters v. State, 731 So. 2d 826 (Fla. 4th DCA 1999)
• Vining v. Segal, 731 So. 2d 826 (Fla. 3d DCA 1999)