GREGORY HINES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Gregory Hines appeals the denial of his motion to correct his sentence, arguing he is entitled to credit for 479 days of incarceration spanning multiple periods. The court affirmed the denial, holding that Hines validly waived credit for time served prior to December 24, 2002 as part of his negotiated plea agreement.
Hines validly waived credit for time served prior to December 24, 2002 as part of his negotiated plea agreement and received all credit to which he was entitled under that agreement—46 days from December 24, 2002 to February 26, 2003.
[1] A defendant can waive credit for time served as part of a plea agreement, provided the waiver is clearly shown on the record.
[2] A defendant is entitled to receive credit for time served in a county jail before sentencing.
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Join FLexlaw to unlock all legal intelligence“a defendant is entitled to receive credit for the time he served in a county jail before his sentence was imposed, § 921.161, Fla. Stat. (2005); State v. Mancino, 714 So.2d 429 (Fla.1998), a defendant can waive credit for the time he has served as part of a plea agreement.”
Establishes the general rule on time-served credit and the exception for waivers in plea agreements
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Join FLexlaw to unlock all legal intelligenceHines was arrested as a juvenile on December 23, 1999 for armed robbery. He was detained, then transferred to adult custody on January 13, 2000 after …
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ROTHENBERG, Judge.
The defendant, Gregory Hines, appeals the denial of his motion for correction of his sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.
On December 23, 1999, the defendant, who was a juvenile at the time, was arrested for robbery with a firearm and held at the juvenile detention center. On January 13, 2000, he was transferred to Turner Gilford Knight Correctional Facility after the State direct filed his case to circuit court. On March 7, 2000, the defendant pled guilty to the charges and was sentenced to 364 days incarceration followed by two years of community control and two years of probation. As a condition of his community control, he agreed and was ordered to enter and successfully complete the Miami-Dade County bootcamp program.
A probation violation warrant was subsequently issued and served upon the defendant on December 23, 2002. The defendant remained in custody until entering his plea of guilty to the violations on February 26, 2003, wherein based upon a negotiated plea between the defendant and the State, his probation was revoked and he was sentenced to forty-eight months incarceration with credit for the forty-six days he had served from his arrest on the probation violation warrant to the date of his plea.
The defendant claims that he is entitled to receive credit for all of the time he was incarcerated, which he calculates as 479 days. This calculation includes the time he served prior to his plea on January 13, 2000, the time he served on his original jail sentence, the time he served in bootcamp, and the time he served after being arrested on the warrant.
While a defendant is entitled to receive credit for the time he served in a county jail before his sentence was imposed, § 921.161, Fla. Stat. (2005); State v. Mancino, 714 So. 2d 429 (Fla.1998), a defendant can waive credit'for the time he 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 sentence with credit for time served from December 24, 2002. As the defendant clearly waived any additional gain time as a condition to his negotiated plea and he was awarded the forty-six days he served from December 24, 2002 to February 26, 2003, he received all the credit for time served for which he was entitled pursuant to his negotiated plea.
Affirmed.
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Citator
Cited By (20 total)
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Johnson v. State, 60 So. 3d 1045 (Fla. 2011)…ined that “a provision in a plea agreement that the defendant is to be awarded credit for time served from a specific date .effectively waives any claim to credit for time served before that date.” Johnson, 974 So. 2d at 1152 (citing Hines v. State, 906 So. 2d 1137 (Fla. 3d DCA 2005)). The Third District then held that in Johnson’s case, “the defendant’s agreement in writing and in the plea colloquy to having violated probation specifically in return for a four-year state prison sentence with ‘all [*1049] cred…
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Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008)…SCHWARTZ, Senior Judge. Following Hines v. State, 906 So. 2d 1137 (Fla. 3d DCA 2005), we again hold that a provision in a plea agreement that the defendant is to be awarded credit for time served from a specific date effectively waives any claim to credit for time served before that date. See also Rivera v. State,…
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Rivera v. State, 954 So. 2d 1216 (Fla. 3d DCA 2007)…t admitted into the program. The defendant has retained the benefit of the downward departure sentence even though he was not admitted into the program. ' '' . The trial court also ruled that a waiver was shown within the meaning of Hines v. State, 906 So. 2d 1137 (Fla. 3d DCA 2005). The defendant replies that there is a .conflict within this district on the waiver issue. Compare id. with Sommers v. State, 829 So. 2d 379, 380 n. 1 (Fla. 3d DCA 2002) and Fulcher, 875 So. 2d at 649 (Cope & Wells, JJ, specially…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995)
- Cleveland Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003)
- 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)