RICKY BROWNLEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying the motion for additional jail time credit without determining if the defendant waived such credit.
Defendant sought additional credit for time served in county jail prior to sentencing for a probation violation. The State acknowledged that the recor…
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COPE, J.
Ricky Brownlee appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a) for additional credit for time previously served in the county jail. See Fla. R.Crim. P. 3.800(a). We remand for further proceedings.
Defendant-appellant Brownlee entered a plea of admission to an affidavit of violation of probation in 2004. He was sentenced to eighteen months in the Florida Department of Corrections. He alleges that he should have been granted an additional twenty days of credit for jail time previously served.
By its response, the State acknowledges that on the face of the existing trial court record, the defendant appears to be correct. Accordingly, we reverse the order now before us and remand for further proceedings.
In its response the State points out that it is permissible for a defendant to waive, in whole or in part, credit for time previously served. See Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995). The State says that since the plea colloquy has not previously been transcribed, the State has been unable to determine whether the plea bargain included a partial waiver of credit for time served. Our reversal is without prejudice to the State on remand to promptly obtain the transcript of the plea colloquy and raise the waiver issue if supported by the record.
As the defendant’s sentence is nearing its expiration date, proceedings on remand must be expedited.
Reversed and remanded for further proceedings consistent herewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Javis Reddix v. State, 15 So. 3d 614 (Fla. 3d DCA 2009)…CA 2007);2 Fulcher v. State, 875 So. 2d 647 (Fla. 3d DCA 2004) (Cope, J., concurring), a defendant is entitled to credit for the time he served on the original split sentence. See Isaac v. State, 992 So. 2d 304 (Fla. 3d DCA 2008); Brownlee v. State, 899 So. 2d 341 (Fla. 3d DCA 2005); Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000). The record in this case clearly shows Reddix was never asked during his plea colloquy whether he consented to waive his credit for the two years he served on the incarcerative p…
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Hagan v. State, 25 So. 3d 639 (Fla. 1st DCA 2009)…DCA 2007); Fulcher v. State, 875 So. 2d 647 (Fla. 3d DCA 2004) (Cope, J., concurring), a defendant is entitled to credit for the time he served on the original split sentence. See Isaac v. State, 992 So. 2d 304 (Fla. 3d DCA 2008); Brownlee v. State, 899 So. 2d 341 (Fla. 3d DCA 2005); Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000). Reddix v. State, 15 So. 3d 614, 616-17 (Fla. 3d DCA 2009) (footnote omitted). To like effect, the Second District has explained that “the court records must establish the defend…
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Rosado v. State, 907 So. 2d 1265 (Fla. 3d DCA 2005)…that he previously served. We remand this case to the trial court with directions to attach documentation that refutes the Appellant’s claim, or to provide the Appellant with credit for the time he served on his split sentence. Brownlee v. State, 899 So. 2d 341 (Fla. 3d DCA 2005); Elma v. State, 895 So. 2d 1262 (Fla. 3d DCA 2005). Remanded for further proceedings.…
Authorities Cited
- Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995)