DEDEAIRE GRIFFIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a defendant may validly waive credit for time served, but is entitled to credit for time actually spent in jail and boot camp following initial sentencing, and not for time spent on community control.
[1] A defendant may validly waive the right to credit for time served as part of a plea agreement.
[2] A defendant is entitled to credit for time actually served in county jail awaiting transfer to a boot camp program.
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Join FLexlaw to unlock all legal intelligenceThe defendant pleaded guilty to armed robbery and grand theft, receiving a sentence that included jail time, community control, and probation. He late…
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GREEN, J.
Defendant Dedeaire Griffin appeals from an order denying his motion to correct an unlawful sentence pursuant to Florida Rule of Criminal Procedure 3.800. We affirm in part, and reverse in part.
The defendant was initially arrested on December 23, 1999, and remained incarcerated until his sentencing on March 6, 2000. On March 6, 2000, the defendant entered a guilty plea to armed robbery and third degree grand theft of an automobile, and was adjudicated guilty. He was sentenced to 364 days followed by two years community control followed by two years probation. He waived all credit for time served and gaintime. Additionally, the trial court recommended early termination of the defendant’s jail sentence when space at boot camp opened up for him.
The defendant’s jail sentence was terminated on October 17, 2000 when he entered into the boot camp program. He remained in boot camp until April 16, 2001, when he was released to community control. The defendant violated the conditions of his community control on August 7, 2001 and was arrested. On August 14, 2001, his community control was reinstated. He again violated his community control on October 11, 2001, and was sentenced on January 9, 2002 to two years in state prison with credit for 89 days time served from the date of his October 11 arrest to the date of sentencing.
In the court below, the defendant claimed he was entitled to credit for time served from the date of his December 1999 arrest to the time of sentencing on March 6, 2000; for his 364-day county jail sentence plus the six months he spent in boot camp; for the time spent on community control; and for the time he was incarcerated before his final sentence was issued on January 9, 2002. The trial judge denied the defendant’s claim as to all periods of time.
The defendant is not entitled to receive credit for time served for the period he was in county jail awaiting his initial sentence because any credit or gaintime available to him was validly waived. See Prangler v. State, 470 So. 2d 105, 106 (Fla. 2d DCA 1985)(finding that a defendant may validly enter into a plea bargain waiving his right to time served). This waiver is reflected in the March 6, 2000 final judgment of the trial court.
The defendant’s next claim, that he should receive credit for his 364-day county jail sentence and for the time he spent in boot camp, is flawed. We do find some merit in the argument because the defendant should have been granted credit for time served after the March 6, 2000 sentencing for the time he actually spent in county jail up until his release to boot camp on October 17, 2000. See Sainvilus v. State, 689 So. 2d 1261, 1261-62 (Fla. 3d DCA 1997)(finding defendant sentenced to prison for violating probation that was the second part of a split sentence is entitled to credit for time actually served in prison, prior to commencement of probationary term). Additionally, the defendant should receive credit for time served while participating in the boot camp program between October 17, 2000 and April 16, 2001. See Barger v. State, 744 So. 2d 1159, 1159 (Fla. 1st DCA 1999)(finding that trial court erred in failing to award defendant credit for time served while in boot camp); Miller v. State, 731 So. 2d 866, 866 (Fla. 1st DCA 1999)(same). He should not, however receive credit for his entire 364-day sentence as he did not serve all 364 days, but was only incarcerated from his sentencing on March 6, 2000 until he was released to boot camp on October 17, 2000. See Glenn v. State, 639 So. 2d 1036, 1038 (Fla. 5th DCA 1994)(finding credit should only be awarded for time actually served, not for entire jail sentence).
The defendant may not receive credit for the time he was on community control between April 16, 2001 and October 11, 2001. Florida law dictates that credit cannot be given for time served on community control. Young v. State, 697 So. 2d 75, 77 (Fla.1997); Toomajan v. State, 785 So. 2d 1275, 1276 (Fla. 5th DCA 2001).
Finally, defendant argues he should receive credit for time served since his most recent arrest on October 11, 2001 to his sentencing on January 9, 2002. The record clearly reflects that defendant already received 89 days credit for time served for this period. No additional credit is warranted.
For these reasons, we affirm the trial court’s denial to correct defendant’s sentence as to the time he was incarcerated from December 23, 1999 to March 6, 2000, and October 11, 2001 to January 9, 2002. We also affirm the denial for credit for time spent on community control. We reverse the trial court’s order as to defendant’s time spent incarcerated from March 6, 2000 to October 17, 2000, and the time he spent in boot camp from October 17, 2000 to April 16, 2001, and remand with instructions to grant credit for time served as indicated in this opinion.
Affirmed in part. Reversed and remanded in part with instructions.
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State v. Cregan, 908 So. 2d 387 (Fla. 2005)…trol, with the limited exception adopted in Fraser. See Robinson v. State, 850 So. 2d 658, 661 (Fla. 1st DCA 2003) (holding that “time served on community control may not be applied to a post-revocation sentence of incarceration”); Griffin v. State, 838 So. 2d 1218, 1220 (Fla. 3d DCA 2003) (holding that “Florida law dictates that credit cannot be given for time served on community control”); Toomajan v. State, 785 So. 2d 1275, 1276 (Fla. 5th DCA 2001) (holding that “credit cannot be awarded for time served on…
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Joyner v. State, 988 So. 2d 670 (Fla. 3d DCA 2008)…a provision in the plea agreement states that credit is to be provided from a particular date.2 The defendant contends that there is a conflict between the language 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 i…
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Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008)…” precludes his present claim for credit for time spent in boot camp in 2002 after he was originally charged, even though he would have otherwise been entitled to that credit. See Obando v. State, 867 So. 2d 645 (Fla. 3d DCA 2004); Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003). Affirmed.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Young v. State, 697 So. 2d 75 (Fla. 1997)
- Toomajan v. State, 785 So. 2d 1275 (Fla. 5th DCA 2001)
- Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985)
- Sainvilus v. State, 689 So. 2d 1261 (Fla. 3d DCA 1997)
- Barger v. State, 744 So. 2d 1159 (Fla. 1st DCA 1999)
- Donnie Glenn v. State, 639 So. 2d 1036 (Fla. 5th DCA 1994)
- Miller v. State, 731 So. 2d 866 (Fla. 1st DCA 1999)