CARL WATTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARL WATTS, APPELLANT,
STATE OF FLORIDA, APPELLEE
995 So. 2d 1172
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.
The defendant appeals from the summary denial of his rule 3.800(a) motion, through which he presented a challenge to his sentencing scoresheet. We affirm the trial court’s denial without prejudice to Watt’s right to seek relief in a sworn motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. See Brooks v. State, 969 So. 2d 238 (Fla.2007); State v. Anderson, 905 So. 2d 111, 112 (Fla.2005).
GROSS, C.J., MAY and DAMOORGIAN, JJ., concur.
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Johnson v. State, 60 So. 3d 1045 (Fla. 2011)…uture that the defendant be explicitly advised of his entitlement to credit for time served and that waiver of any additional credit for time served be explicitly set forth in the plea agreement and the plea colloquy. For example, in White v. State, 995 So. 2d 1172, 1174 (Fla. 4th DCA 2008), the Fourth District held that the defendant waived any claim for additional time served because he had entered a negotiated agreement that called for a specific sentence, which contemplated a specific amount of credit for…
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Wolter v. State, 219 So. 3d 852 (Fla. 4th DCA 2017)…the record that he should receive two days of credit for time served and that all other time would be waived. We have held that jail credit may be waived when the waiver is specific, voluntary, and clear from the face of the record. White v. State, 995 So. 2d 1172, 1173-74 (Fla. 4th DCA 2008) (citations omitted). In this case, the court’s conclusion is supported by the record. However, in his pro se notice of appeal, the defendant included verified allegations that “he was not aware he didn’t receive credit…
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Lahens v. State, 27 So. 3d 174 (Fla. 4th DCA 2010)…sentence, a criminal defendant is “entitled to credit for all time served in Florida jails before sentencing,” but such credit “may be waived” if the defendant’s waiver is “specific, voluntary and clear from the face of the record.” White v. State, 995 So. 2d 1172, 1173 (Fla. 4th DCA 2008). We believe appellant’s signature on the written plea agreement evinces a specific and voluntary waiver of the one-year credit for time served, and the trial judge was correct to deny appellant’s motion to correct. We find…
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- Brooks v. State, 969 So. 2d 238 (Fla. 2007)
- State v. Anderson, 905 So. 2d 111 (Fla. 2005)