CONNOR MCDUFFIE, APPELLANT,

v.

SCOTTY'S, INC., ET AL., APPELLEES

Citator

Cited By (27 total)

• Joyner v. State, 988 So. 2d 670 (Fla. 3d DCA 2008)
  …uage just quoted in Johnson and four of this court’s earlier decisions: Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003); Ryan v. State, 837 So. 2d 1075 (Fla. 3d DCA 2003); Sommers v. State, 829 So. 2d 379 (Fla. 3d DCA 2002); and Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000). We conclude that all of the cases are distinguishable and that there is no internal decisional conflict. In Cozza, this court remanded because the plea colloquy was not in the postcon-viction record on appeal. 756 So. 2d at 273.…
• Hines v. State, 906 So. 2d 1137 (Fla. 3d DCA 2005)
  …has served as part of a plea agreement. Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995). Although a defendant can waive credit for time served as a part of a plea agreement, such waiver must be clearly shown on the record. Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000); Ryan v. State, 837 So. 2d 1075 (Fla. 3d DCA 2003). A review of the plea colloquy reflects that the defendant waived credit for time served prior to December 24, 2002 when he specifically agreed to a forty-eight month prison sent…
• Briggs v. State, 929 So. 2d 1151 (Fla. 5th DCA 2006)
  …te, 837 So. 2d 1075 (Fla. 3d DCA 2003); Haines v. State, 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 rem…

Authorities Cited

• Bell v. State, 545 So. 2d 861 (Fla. 1989)
• Pentecost v. State, 545 So. 2d 861 (Fla. 1989)