RICHARD S. HAGANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Richard Hagans appealed the denial of his motion to correct an illegal sentence, seeking jail credit for time served on his original sentence and time awaiting sentencing on a probation violation. The court reversed and remanded, finding the trial court failed to provide documentation of any waiver of jail credit and that absent clear waiver on the record, Hagans was entitled to the credit.
The court held that jail credit for time served cannot be waived as part of a plea agreement unless the waiver is clearly shown on the record and cannot be presumed. The trial court must provide documentation evidencing such waiver, or alternatively, the defendant is entitled to the jail credit award.
[1] A waiver of credit for time served must be clearly shown on the record and cannot be presumed.
[2] A trial court must attach documentation to a denial order for a motion to correct an illegal sentence when the motion is facially sufficient.
Previewing 2 of 4 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“Although Hagans could have waived both his credit for time served in prison on the original sentence and his credit for time served before sentencing as part of his negotiated plea agreement, such waiver must be clearly shown on the record and cannot be presumed.”
Establishes the core principle that jail credit waivers must be explicit and cannot be presumed from silence in the record.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHagans was sentenced to incarceration after violating probation on a split sentence. He received no jail credit for time served. Hagans filed a rule 3…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Jail Credit cases and more on FLexlaw
Richard S. Hagans appeals from a trial court order denying his motion to correct an illegal sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Upon the State’s proper concession of error, we reverse.
Hagans was sentenced to incarceration after he violated the probationary portion of his split sentence. He was not awarded any jail credit for time served. As a result, Hagans filed a rule 3.800(a) motion, seeking jail credit for: (1) the time originally served on his incarcerative portion of his split sentence, and (2) the time spent in jail awaiting sentencing on his violation of probation conviction. The trial court treated the motion as facially sufficient and denied relief with a reference to the digital recording of the sentencing hearing transcript, but failed to attach the plea agreement or the transcript of the plea and sentencing hearing to the denial order.
Although Hagans could have waived both his credit for time served in prison on the original sentence and his credit for time served before sentencing as part of his negotiated plea agreement, such waiver must be clearly shown on the record and cannot be presumed. Smith v. State, 52 So.3d 781, 783 (Fla. 5th DCA 2010); Briggs v. State, 929 So.2d 1151, 1153 (Fla. 5th DCA 2006); Isaac v. State, 992 So.2d 304, 305 (Fla. 3d DCA 2008). Because the present record now before us fails to refute Hagans’s facially sufficient claim, we reverse the order and remand this cause to the trial court for the attachment of documentation evidencing Ha-gans’s waiver of entitlement to credit for time served; alternatively, if Hagans did not clearly waive this right on the record, then he is entitled to the award of such.1 Fla. R.App. P. 9.141(b)(2)(D); Fla. R.App. P. 9.140(i); Foster v. State, 106 So.3d 6, 7 (Fla. 3d DCA 2013); Shea v. State, 97 So.3d 861, 862 (Fla. 4th DCA 2012).
REVERSED and REMANDED for further proceedings.
SAWAYA, PALMER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shayon Hugger v. State, 159 So. 3d 289 (Fla. 3d DCA 2015)…on v. State, 947 So. 2d 460 (Fla. 3d DCA 2007) (“On appeal from a summary denial, this court must reverse unless the postconviction record shows conclusively that the appellant is entitled to no relief’) (internal citation omitted); Hagans v. State, 114 So. 3d 418, 419 (Fla. 5th DCA 2013) (“Although [the defendant] could have waived both his credit for time served in prison on the original sentence and his credit for time served before sentencing as part of his negotiated plea agreement, such waiver must be c…
Authorities Cited
- Briggs v. State, 929 So. 2d 1151 (Fla. 5th DCA 2006)
- Isaac v. State, 992 So. 2d 304 (Fla. 3d DCA 2008)
- Shea v. State, 97 So. 3d 861 (Fla. 4th DCA 2012)
- Jarrett v. State, 89 So. 3d 293 (Fla. 5th DCA 2012)
- Boyd v. State, 57 So. 3d 268 (Fla. 5th DCA 2011)
- Smith v. State, 52 So. 3d 781 (Fla. 5th DCA 2010)
- Foster v. State, 106 So. 3d 6 (Fla. 3d DCA 2013)