DAVID A. CANADA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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David Canada appealed the denial of his motion to correct his prison sentence, claiming he was improperly denied jail credit for time served awaiting disposition of probation violations. The court reversed and remanded, holding that jail credit is a statutory right that cannot be waived without clear and knowing waiver, and the trial court must either award the credit or provide documents demonstrating Canada's intent to waive it.
Canada is entitled to jail credit for the time he served in jail after release from his original prison sentence while awaiting disposition of his community supervision violations. Although defendants may waive jail credit as a condition of a plea agreement, such waiver must be knowing and affirmatively appear in the plea agreement. On remand, the trial court must either award Canada credit for this jail time or provide documents demonstrating his clear intent to waive such credit.
[1] A defendant can waive jail credit as a condition of a plea, but the waiver must be knowing and affirmatively appear as a condition of the plea agreement.
[2] A trial court's summary denial of a motion to correct sentence is improper when the record attachments do not demonstrate the defendant's clear intent to waive jail credi…
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Join FLexlaw to unlock all legal intelligence“Although a defendant can waive jail credit as a condition of a plea, the waiver must be knowing and affirmatively appear as a condition of the plea agreement.”
Establishes the legal standard for valid waiver of jail credit in plea agreements
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Join FLexlaw to unlock all legal intelligenceCanada was originally sentenced to three years in prison for failure to redeliver leased property. After release, he violated probation terms and was …
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David A. Canada appeals the summary denial of his rule 3.800(a)1 motion to correct sentence. Canada’s motion alleged that he was improperly denied jail credit when sentenced to prison for violating the terms of his community control and that his entitlement to jail credit is apparent on the face of the record. In denying Canada’s motion, the trial judge attached documents showing only that Canada waived credit for any prior prison time as part of his plea agreement. Because the record attachments do not show that Canada also waived jail credit, we reverse.
Canada was originally sentenced to three years in prison, followed by eighteen months of probation, on a charge of failure to redeliver leased property. Upon his release, Canada violated the terms of his probation and was then given another chance at community supervision and placed on community control. When Canada violated the terms of his community control, he entered a plea pursuant to which he agreed to a new term of one year and one day in state prison, with no credit against this sentence for time served on his earlier three-year prison sentence on this charge. On this record, it appears that the plea agreement was silent as to jail credit. The record also reflects that Canada did spend time in jail after his release from prison, while awaiting the disposition on his probation and community control violations.
To the extent that Canada is seeking credit for time that he spent in jail prior to his original three-year prison sentence, that time would have already been credited against the prior prison term and thereby subsumed within that prison sentence. By waiving any credit for time served on his prior three-year prison sentence, Canada necessarily also waived the jail time previously credited against that sentence. The same, however, is not true of the time that Canada served in jail after his prior release from prison, while awaiting disposition of his community supervision violations.
Entitlement to jail credit is a statutory right. See § 921.161(1), Fla. Stat. (2008). “Although a defendant can waive jail credit as a condition of a plea, the waiver must be knowing and affirmatively appear as a condition of the plea agreement.” Hill v. State, 985 So.2d 1216, 1217 (Fla. 5th DCA 2008) (citations omitted). On remand, the trial court should either award Canada credit against his new prison sentence for the time he served in jail after release from his original prison sentence, or include as an attachment to any denial order documents which demonstrate Canada’s clear intent to waive credit for the jail time served while awaiting disposition of his community supervision violations. See Cheatum v. State, 992 So.2d 877 (Fla. 5th DCA 2008).
REVERSED AND REMANDED WITH DIRECTIONS.
SAWAYA, J., and PLEUS, R., Senior Judge, concur.
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Citator
Cited By
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McLEOD v. State, 58 So. 3d 931 (Fla. 5th DCA 2011)…o a waiver of all jail credit except for the 92 days that it awarded. “[Although a defendant can waive jail credit as a condition of a plea, the waiver must be knowing and affirmatively appear as a condition of the plea agreement.” Canada v. State, 1 So. 3d 338, 339 (Fla. 5th DCA 2009) (quoting Hill v. State, 985 So. 2d 1216, 1217 (Fla. 5th DCA 2008)). We, however, do not view the statement “CTS from arrest on any future V.O.P.” as conclusive evidence that McLeod knowingly and voluntarily waived jail credi…
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McLEOD v. State, 51 So. 3d 604 (Fla. 5th DCA 2011)…a waiver of all jail credit except for the 92 days that it awarded. “[Ajlthough a defendant can waive jail credit as a condition of a plea, the waiver must be knowing and affirmatively appear as a condition of the plea agreement.” Canada v. State, 1 So. 3d 338, 339 (Fla. 5th DCA 2009) (quoting Hill v. State, 985 So. 2d 1216, 1217 (Fla. 5th DCA 2008)). We, however, do not view the statement “CTS from arrest on any future V.O.P.” as conclusive evidence that McLeod knowingly and voluntarily waived jail credi…
Authorities Cited
- Cheatum v. State, 992 So. 2d 877 (Fla. 5th DCA 2008)
- Hill v. State, 985 So. 2d 1216 (Fla. 5th DCA 2008)