EARL GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Earl Green appeals the denial of his motion to correct an illegal sentence, seeking additional jail credit beyond what was specified in his guilty plea agreement. The court affirmed the denial, holding that Green waived his right to additional credit by entering into a negotiated plea that specified the exact number of days of credit to be awarded.
No. By entering a negotiated plea agreement that specified the exact number of days of credit, Green waived any claim to additional credit. Challenges to credit-for-time-served provisions in plea agreements are not cognizable in rule 3.800(a) motions, and Green's motion was also facially deficient because he failed to specifically allege where in the record he could show entitlement to relief.
[1] A defendant waives any claim to additional jail credit by entering a negotiated plea agreement that specifies the number of days of credit to be awarded.
[2] A motion to correct an illegal sentence based on jail credit is not cognizable when the defendant entered a plea agreement specifying the credit amount.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“By entering a negotiated plea which called for a specific number of days to be awarded as credit, the appellant waived any claim that he was entitled to more credit than called for in that plea.”
Establishes the core holding that plea agreements with specific credit provisions operate as a waiver of claims to additional credit.
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Join FLexlaw to unlock all legal intelligenceGreen entered a guilty plea to battery on a person over 65, burglary of a structure, and petit theft, and admitted violating his probation. His writte…
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The appellant appeals the denial of his motion to correct illegal sentence in which he seeks additional credit for time spent in jail prior to sentencing. For the reasons discussed below, we affirm.
The appellant entered a plea of guilty to battery on a person over 65 years of age, burglary of a structure and petit theft. As part of the plea, he also admitted violating his probation imposed in another case. His written plea agreement called for him to receive a sentence of twenty-four months’ imprisonment with credit for “133 days + 48 days on [the] VOP case.” The appellant then filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) alleging an entitlement to more credit than stipulated in his plea agreement.
By entering a negotiated plea which called for a specific number of days to be awarded as credit, the appellant waived any claim that he was entitled to more credit than called for in that plea. See Hagan v. State, 25 So.3d 639, 640 (Fla. 1st DCA 2009) (“The inclusion of specific *1149language indicating the specific date from which the defendant’s credit for time served would count towards his current sentence is sufficient to demonstrate he knowingly and voluntarily waived his right to have any credit he may have accrued prior to that date count towards his current sentence.”). Moreover, a facially sufficient rule 3.800(a) motion for jail credit must: (1) provide the dates for which he is seeking credit, (2) provide the date of his sentence, and (3) allege where in the record it can be shown that he is entitled to relief. See Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); State v. Mancino, 714 So.2d 429, 433 (Fla.1998). Here, the appellant does not specifically allege where in the record (or how) it can be shown that he is entitled to relief. He merely asserts that his entitlement is clear from some unidentified records “located at the Bradford County Court House.” Finally, the Florida Supreme Court held recently in Johnson v. State, 60 So.3d 1045 (Fla.2011), that when a defendant enters into a plea agreement which specifies the number of days of credit to be awarded, a challenge to the “credit-for-time served provision” of the plea is not cognizable in a rule 3.800(a) motion.
Accordingly, we AFFIRM the denial of the appellant’s motion to correct illegal sentence.
HAWKES and ROBERTS, JJ., concur.
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Sivina S. Smith v. State, 112 So. 3d 605 (Fla. 4th DCA 2013)…[*606] PER CURIAM. Affirmed. Appellant’s jail credit claim was insufficient as it failed to allege where in the record it can be shown that she is entitled to relief. Green v. State, 62 So. 3d 1148, 1149 (Fla. 1st DCA 2011); Nelson v. State, 760 So. 2d 240, 241 (Fla. 4th DCA 2000); Toro v. State, 719 So. 2d 947, 948 (Fla. 4th DCA 1998). Appellant failed to carry her burden of showing an entitlement to relief on the face of the record. See John…
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Lawrence v. State, 125 So. 3d 229 (Fla. 4th DCA 2013)…P. 3.850; Johnson v. State, 60 So. 3d 1045, 1049, 1052 (Fla.2011); Seplow v. State, 82 So. 3d 948 (Fla. 4th DCA 2011); Buie v. State, 100 So. 3d 768, 769 (Fla. 5th DCA 2012); Crawford v. State, 77 So. 3d 807, 808 (Fla. 3d DCA 2011); Green v. State, 62 So. 3d 1148, 1149 (Fla. 1st DCA 2011). WARNER, GERBER and CONNER, JJ., concur.…
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Johnson v. State (Fla. 1st DCA 2020)…2018) (holding that a jail credit waiver must be specific, voluntary, and clear from the face of the record). A defendant waives jail credit by entering a negotiated plea calling for a specific number of days to be awarded as credit. Green v. State, 62 So. 3d 1148, 1148–49 (Fla. 1st DCA 2011); see Hagan v. State, 25 So. 3d 639, 640 (Fla. 1st DCA 2009) (“The inclusion of specific language indicating the specific date from which the defendant’s credit for time served would count towards his current sentence is…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
- Am. Sightseeing Tours, Inc. v. Gerda Jackson, 634 So. 2d 175 (Fla. 3d DCA 1994)
- Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)
- Hagan v. State, 25 So. 3d 639 (Fla. 1st DCA 2009)
- R.J.L. v. State, 25 So. 3d 639 (Fla. 5th DCA 2009)