MICHAEL L. BEIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of jail credit where defendant was incarcerated in another county on unrelated charges and had waived additional credit as part of a plea agreement.
A criminal defendant is not entitled to jail credit for time spent in jail in another county while subject to a detainer on an unrelated charge, and cannot claim additional credit after waiving it in a plea bargain.
[1] A criminal defendant is not entitled to jail credit for time spent incarcerated in another county while subject to a detainer on an unrelated charge.
[2] A defendant who waives the right to additional jail credit as part of a plea bargain cannot subsequently claim such credit.
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Join FLexlaw to unlock all legal intelligenceMichael L. Beil sought jail credit for time spent in Lake County jail while subject to a detainer from Seminole County on unrelated charges. Beil had …
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MONACO, J.
Michael L. Beil seeks review of the summary denial of the motion for jail credit filed by him pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. We affirm for two reasons. First, a criminal defendant is not entitled to jail credit for time spent in jail in another county while subject to a detainer on an unrelated charge. See Gethers v. State, 838 So. 2d 504 (Fla.2003). Here, Mr. Beil asserts that he is entitled to additional jail credit for time spent in the Lake County jail because a detainer was lodged against him by Seminole County. The Seminole County charges are the foundation for the conviction and appeal that are the basis of the present case. As he was in the Lake County jail on charges unrelated to those filed by Seminole County, he is clearly not entitled to the additional credit.
Second, Mr. Beil entered into a plea bargain, part of which specifically included an agreed amount of jail credit. He was thereafter sentenced in accordance with that agreement. Because he waived his right to additional jail credit, as he was most certainly entitled to do, he cannot now claim it. See White v. State, 656 So. 2d 255 (Fla. 3d DCA 1995); Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985).
Accordingly, we affirm.
AFFIRMED.
PALMER, C.J. and EVANDER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Prangler v. State, 470 So. 2d 105 (Fla. 2d DCA 1985)
- White v. State, 656 So. 2d 255 (Fla. 3d DCA 1995)