STANLEY WADE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court properly denied the appellant credit for additional time served. As part of his plea bargain, defendant-appellant Wade waived all credit for time previously served in this case, except for eleven days. Such a waiver is permissible. See Cozza v. State, 756 So. 2d 272, 273 (Fla. 3d DCA 2000); Wells v. State, 751 So. 2d 703, 704 (Fla. 1st DCA 2000).
Defendant was originally sentenced to three hundred sixty-six days in prison followed by one year of probation. He violated probation and entered a plea bargain for another prison term. Defendant’s motion suggests that he may be arguing that his gain time from his earlier imprisonment in this case should not have been forfeited. He relies on State v. Hreen, 547 So. 2d 925 (Fla.1989), but the gain time statute was subsequently modified and now provides for forfeiture of gain time upon recommitment. See § 944.28(1), Florida Statutes (1997); Dowdy v. Singletary, 704 So. 2d 1052, 1053 (Fla.1998); Tripp v. State, 622 So. 2d 941, 942 n. 2 (1993).
Affirmed.
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Carratelli v. State, 915 So. 2d 1256 (Fla. 4th DCA 2005)…opinion, is not consistent with either Strickland or Joiner. Two cases from this court have required hearings on the postconviction relief claim that defense counsel failed to preserve objections pertaining to peremptory challenges. Dwyer v. State, 776 So. 2d 1082 (Fla. 4th DCA 2001); Thomas v. State, 700 So. 2d 407 (Fla. 4th DCA 1997). We recede from these cases to the extent that they suggest that postconviction relief is appropriate where the record does not demonstrate that an actually biased juror served…
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State v. Bouchard, 922 So. 2d 424 (Fla. 2d DCA 2006)…ged, we do not address the adequacy of his allegations. . Van Loan and Bouchard I appear to be the only published cases addressing a motion for postconviction relief predicated upon a rule 3.400 violation. . Carratelli receded from Dwyer v. State, 776 So. 2d 1082 (Fla. 4th DCA 2001), and Thomas v. State, 700 So. 2d 407 (Fla. 4th DCA 1997), and certified conflict with Austing v. State, 804 So. 2d 603 (Fla. 5th DCA 2002). . Because the cited cases were direct appeals, they did not address the standards applic…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Dowdy v. Singletary, 704 So. 2d 1052 (Fla. 1998)
- Connor McDUFFIE v. Scotty's, Inc., 756 So. 2d 272 (Fla. 5th DCA 2000)
- Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000)
- Davis v. State, 751 So. 2d 703 (Fla. 4th DCA 2000)
- Wells v. State, 751 So. 2d 703 (Fla. 1st DCA 2000)