ANDREA JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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, 954 So. 2d 1216 (Fla. 3d DCA 2007), review granted, 968 So. 2d 557 (Fla.2007).
Contra, e.g., Davis v. State, 968 So. 2d 1051 (Fla. 5th DCA 2007); but cf. Fulcher v. State, 875 So. 2d 647, 649 (Fla. 3d DCA 2004) (Cope & Wells, JJ., specially concurring), case dismissed, 890 So. 2d 1114 (Fla.2004); Ryan v. State, 837 So. 2d 1075 (Fla. 3d DCA 2003); Sommers v. State, 829 So. 2d 379, 380 n. 1 (Fla. 3d DCA 2002).
In this 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 credit for time served from 11/14/05,” 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.
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Citator
Cited By (12 total)
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Johnson v. State, 60 So. 3d 1045 (Fla. 2011)…ANADY, C.J. In these consolidated cases we consider whether challenges to plea agreement provisions concerning credit for time served are cognizable under Florida Rule of Criminal Procedure 3.800(a). Andrea Johnson seeks review of Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008), and Bernard Joyner seeks review of Joyner v. State, 988 So. 2d 670 (Fla. 3d DCA 2008). In each case, the Third District Court of Appeal determined that the trial court did not err in denying a rule 3.800(a) motion. The Third Dist…
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Joyner v. State, 988 So. 2d 670 (Fla. 3d DCA 2008)…however, as part of a plea agreement. Prangler v. State, 470 So. 2d 105, 106 (Fla. 2d DCA 1985); Epler v. Judges of the Thirteenth Judicial Circuit, 308 So. 2d 134 (Fla. 2d DCA 1975). We affirm the denial of relief on authority of Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008) (stayed pending disposition of Florida Supreme Court review in Rivera v. State, 954 So. 2d 1216 (Fla. 3d DCA), review granted, 968 So. 2d 557 (Fla.2007)). The Johnson court held that “a provision in a plea agreement that the defen…
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Javis Reddix v. State, 15 So. 3d 614 (Fla. 3d DCA 2009)…e Modality Program — which was tire purpose of the downward departure — and is less than the two and a half year estimated incarceration to which the defendant agreed. Rivera, 954 So. 2d at 1218. . The cases cited by the dissent, Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008), and Joyner, 988 So. 2d at 670, arc inapposite. Both included written waivers of credit for time served. . Our case is similarly distinguishable from our recent release, Holmes v. State, 11 So. 3d 444 (Fla. 3d DCA 2009) (stating…1 / 2
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cleveland Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003)
- Fulcher v. State, 875 So. 2d 647 (Fla. 3d DCA 2004)
- Hines v. State, 906 So. 2d 1137 (Fla. 3d DCA 2005)
- Davis v. State, 968 So. 2d 1051 (Fla. 5th DCA 2007)
- Rivera v. State, 954 So. 2d 1216 (Fla. 3d DCA 2007)
- McDANNOLD v. State, 968 So. 2d 557 (Fla. 2007)
- Molina v. State, 867 So. 2d 645 (Fla. 3d DCA 2004)
- Dedeaire Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003)
- Fulcher v. State, 890 So. 2d 1114 (Fla. 2004)
- Sommers v. State, 829 So. 2d 379 (Fla. 3d DCA 2002)