JIMIL TROUTMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court held that the trial court properly denied the defendant's motion to correct jail time credit because the record conclusively refuted his claim.
[1] A motion to correct jail time credit pursuant to Florida Rule of Criminal Procedure 3.800(a) must be denied when the record conclusively refutes the defendant's claim.
[2] A defendant may waive credit for jail time served prior to a probation violation arrest as a condition of a plea agreement.
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Join FLexlaw to unlock all legal intelligenceThe defendant was arrested, pleaded guilty, and was released on probation. He later violated probation, and during the revocation hearing, he acknowle…
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LAGOA, J.
Jimil Troutman (“Troutman”) appeals from the trial court’s order denying his motion to correct credit for jail time served filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s denial as we find that the record conclusively refutes Troutman’s claim.
On July 29, 2006, Troutman was arrested and charged with one count of robbery in case number 06-25000. On March 15, 2007, following a plea, Troutman was released from prison with a term of probation not to exceed five years. On October 13, 2007, Troutman was arrested for battery and other probation violations. During a November 7, 2007 probation revocation hearing, the trial court in case number 06-25000 adjudicated Troutman guilty, revoked his probation and sentenced him to serve 364 days in jail.
In his Rule 3.800(a) motion, Troutman contends that he is entitled to a credit of 230 days for time served from July 29, 2006 to March 15, 2007. The record, however, conclusively refutes Troutman’s claim. During the November 7, 2007 probation revocation hearing, Troutman specifically entered into a plea where he acknowledged that he would lose the gain time served prior to the October 13, 2007 arrest. Specifically, the record conclusively shows as follows:
THE COURT: Mr. Troutman, do you understand that as a condition of this plea, you will only receive credit for time served from the date of your last arrest?
That means that you will get credit for time served only from November 6th, 2007. No other time that you spent in on this case would you receive credit for. Do you understand that?
THE DEFENDANT: Yes, sir. THE COURT: Knowing that, do you still wish to enter into this admission?
THE DEFENDANT: Yes, sir. THE CORRECTION OFFICER: He picked up a misdemeanor and he’s been in since 10-13.
THE COURT: All right. Give him credit for time served from 10-13. Good luck to you, sir. Because the record conclusively establishes that Troutman is not entitled to relief, we affirm the trial court’s denial.
Affirmed.
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Javis Reddix v. State, 15 So. 3d 614 (Fla. 3d DCA 2009)…e? THE COURT: Correct. With all CTS from 2/14/08 ... forward. (emphasis added). ANALYSIS Absent: (1) clear record evidence of an express waiver of entitlement to credit time served by a defendant in his plea colloquy, see, e.g., Troutman v. State, 985 So. 2d 1167 (Fla. 3d DCA 2008); Hines v. State, 906 So. 2d 1137 (Fla. 3d DCA 2005); (2) clear record evidence revealing a defendant understood he was waiving the credit time served in question as part of his new sentence, see, e.g., Joyner v. State, [*617] 988…
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Hagan v. State, 25 So. 3d 639 (Fla. 1st DCA 2009)…o. 3d at 757. Since deciding Joyner and Johnson, moreover, the Third District has stated: Absent: (1) clear record evidence of an express waiver of entitlement to credit time served by a defendant in his plea colloquy, see, e.g., Troutman v. State, 985 So. 2d 1167 (Fla. 3d DCA 2008); Hines v. State, 906 So. 2d 1137 (Fla. 3d DCA 2005); (2) clear record evidence revealing a defendant understood he was waiving the credit time served in question as part of his new sentence, see, e.g., Joyner v. State, 988 So. 2d…
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Facundo Delgado v. State, 255 So. 3d 461 (Fla. 3d DCA 2018)…PER CURIAM. Affirmed. See Fla. R. App. P. 9.141(b)(2)(D) (requiring reversal by this Court unless the record shows conclusively that the defendant is entitled to no relief); see also Troutman v. State, 985 So. 2d 1167, 1168 (Fla. 3d DCA 2008) ("Because the record conclusively establishes that [the defendant] is not entitled to relief, we affirm the trial court's denial.").…
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