SANTIAGO VILLAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A handwritten notation on a plea form regarding jail credit is insufficient to show a clear waiver of entitlement to additional jail credit, but challenges to jail credit provisions in negotiated plea agreements must be raised by motion to withdraw the plea, not a Rule 3.800(a) motion.
[1] A defendant's remedy to challenge an incorrect jail credit calculation in a negotiated plea agreement is to move to withdraw the plea, not a Rule 3.800(a) motion.
[2] A trial court is not required to attach records to refute a Rule 3.800(a) claim regarding jail credit.
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Join FLexlaw to unlock all legal intelligenceAppellant sought additional jail credit via a Rule 3.800(a) motion, attaching a plea form with a handwritten notation of forty days credit. The trial …
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ON MOTION FOR REHEARING
We grant the State’s motion for rehearing, withdraw our previous opinion, and substitute the following in its place. The trial court denied appellant’s Rule 3.800(a) motion for additional jail credit by attaching a copy of the negotiated plea form which contains a scrawled, handwritten notation that defendant was to receive forty days jail credit. We initially reversed the denial of the motion pursuant to cases holding that a mere notation on a plea form regarding the amount of jail credit is not sufficient to show a clear waiver of entitlement to additional jail credit. See Davis v. State, 968 So.2d 1051 (Fla. 5th DCA 2007).
However, in Johnson v. State, 60 So.3d 1045, 1048 (Fla.2011), the Florida Supreme Court disapproved of Davis and other cases which had allowed challenges to the *504jail credit provision of a negotiated plea agreement to be raised in a Rule 3.800(a) motion. Johnson, 60 So.3d at 1048 n. 1.1 The court also rejected the notion that a trial court must attach records to refute a Rule 3.800(a) claim. Id. at 1051; see also Jarrett v. State, 89 So.3d 293 (Fla. 5th DCA 2012) (rejecting the State’s concession of error).
Pursuant to Johnson, because the appellant in this case agreed to a specific amount of jail credit as part of his negotiated plea agreement, his remedy to challenge an incorrect jail credit calculation was to move to withdraw his plea. He did not request this relief in his motion. Appellant filed his motion within the Rule 3.850 time limit. We therefore affirm without prejudice for appellant to file a Rule 3.850 motion in the trial court within sixty days of the mandate for this opinion.
Affirmed.
STEVENSON, TAYLOR and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elroy Lacy v. State, 117 So. 3d 848 (Fla. 4th DCA 2013)…oluntariness of his plea agreement in case nos. 04-1488CFA02 and 10-9329CFA02 due to his assertion that he was not awarded the proper amount of jail credit as part of the agreement. Johnson v. State, 60 So. 3d 1045, 1052 (Fla.2011); Villar v. State, 110 So. 3d 503, 504 (Fla. 4th DCA 2013); Seplow v. State, 82 So. 3d 948 (Fla. 4th DCA 2011). Affirmed, without prejudice. DAMOORGIAN, C.J., GERBER and CONNER, JJ., concur.…
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Colon v. State, 132 So. 3d 297 (Fla. 4th DCA 2014)…er 502011CF007485AXX, in light of his claim that he was not awarded the proper amount of jail credit as part of the agreement. See Johnson v. State, 60 So. 3d 1045, 1052 (Fla.2011); Lacy v. State, 117 So. 3d 848 (Fla. 4th DCA 2013); Villar v. State, 110 So. 3d 503, 504 (Fla. 4th DCA 2013). Affirmed without prejudice. STEVENSON, GROSS and TAYLOR, JJ., concur.…
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Barnette v. State, 205 So. 3d 865 (Fla. 4th DCA 2016)…as not awarded the proper amount of jail credit as part of the agreement. Johnson v. State, 60 So. 3d 1045, 1052 (Fla.2011); Colon v. State, 132 So. 3d 297, 298 (Fla. 4th DCA 2014); Lacy v. State, 117 So. 3d 848 (Fla. 4th DCA 2013); Villar v. State, 110 So. 3d 503, 504 (Fla. 4th DCA 2013). Affirmed without prejudice. CIKLIN, C.J., WARNER and LEVINE, JJ., concur.…
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
- Johnson v. State, 60 So. 3d 1045 (Fla. 2011)
- Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995)
- Davis v. State, 968 So. 2d 1051 (Fla. 5th DCA 2007)
- Delmar Velasquez v. State, 11 So. 3d 979 (Fla. 1st DCA 2009)
- Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012)
- Giggetts v. State, 5 So. 3d 756 (Fla. 1st DCA 2009)
- Rudicil v. State, 31 So. 3d 328 (Fla. 4th DCA 2010)
- Howard v. State, 40 So. 3d 46 (Fla. 4th DCA 2010)