CORY SCHARMAN, APPELLANT,
v.
MICHAEL D. CREWS, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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Cory Scharman, an inmate, appealed the dismissal of his habeas corpus petition challenging the non-award of credit for time previously served when his probation was revoked and he was resentenced. The Florida appellate court affirmed the dismissal on procedural grounds but clarified that the proper remedy for credit disputes is a Rule 3.800(a) motion, not habeas corpus, and left open the possibility of seeking appropriate relief.
The court affirmed the dismissal of the habeas petition but clarified that the trial court's reasoning was technically incorrect; the proper remedy for disputing credit awards is a motion under Florida Rule of Criminal Procedure 3.800(a), not habeas corpus. A defendant is entitled to credit for time served prior to release on probation unless waived or unless the post-violation sentence results from a plea agreement negating such credit.
[1] A petition for writ of habeas corpus is not the proper vehicle to challenge the Department of Corrections' failure to apply awarded credit for time previously served.
[2] A defendant sentenced to a probationary split sentence who violates probation and is resentenced to prison is entitled to credit for all time actually served in prison pr…
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Join FLexlaw to unlock all legal intelligence“A defendant sentenced to a probationary split sentence who violates probation and is resentenced to prison is entitled to credit for all time actually served in prison prior to his release on probation unless such credit is waived.”
Establishes the general rule that defendants are entitled to credit for time served prior to probation release
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Join FLexlaw to unlock all legal intelligenceScharman, an inmate in the Florida Department of Corrections, filed a habeas petition in Holmes County circuit court alleging that he was not properly…
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Cory Scharman appeals the dismissal of his petition for a writ of habeas corpus. We affirm, but without prejudice to the seeking of other relief.
Scharman, an inmate in the custody of the Department of Corrections, filed a ha-beas petition in the circuit court for Holmes County alleging that credit was not properly awarded for time previously served when he was sentenced following revocation of probation. Upon receipt of the petition, the trial court ordered the Department to respond, and thereafter, the Department moved to dismiss the petition for failure to first seek administrative relief. The trial court dismissed the petition on the ground that appellant did not exhaust his administrative remedies.
The relief sought by appellant — an award of credit for time previously served — is not a matter which the Department can provide. Scharman has not argued that the sentencing court did award credit upon revocation but that DOC has not applied such. See Morgan v. State, 99 So.3d 999, 1000 (Fla. 1st DCA 2012) (explaining that, if the defendant is entitled to prison credit, the trial court is required to check the box on the sentencing form indicating that the defendant is entitled to such credit, and once the court does so, the defendant must raise problems with the application of such credit with DOC).
A defendant sentenced to a probationary split sentence who violates probation and is resentenced to prison is entitled to credit for all time actually served in prison prior to his release on probation unless such credit is waived. See Bradley v. State, 631 So.2d 1096 (Fla.1994); State v. Holmes, 360 So.2d 380, 383 (Fla.1978); Jones v. State, 633 So.2d 482, 483 (Fla. 1st DCA 1994); § 921.0017, Fla. Stat. A defendant is entitled to such credit even *149when it results in a “windfall” requiring immediate release. See Cook v. State, 645 So.2d 436, 438 n. 5 (Fla.1994). However, a defendant may be denied such credit when the post-violation sentence is a result of a negotiated plea agreement and a subsequent grant of prison credit would negate the agreed-upon sentence. See Dortly v. State, 107 So.3d 1229 (Fla. 1st DCA 2013); Fulcher v. State, 875 So.2d 647, 649 (Fla. 3d DCA 2004). The failure to award credit for time served prior to release on probation is a matter which may be raised in a motion filed on the authority of rule 3.800(a), Florida Rules of Criminal Procedure. See Dortly, 107 So.3d at 1230.
While the trial court incorrectly dismissed the petition for the failure to exhaust administrative remedies, we affirm the result without prejudice to the seeking of appropriate relief.
AFFIRMED.
BENTON and PADOVANO, JJ„ and SENTERFITT, ELIZABETH, Associate Judge, concur.
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Citator
Cited By
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Rey v. State, 262 So. 3d 839 (Fla. 3d DCA 2018)
Authorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Cook v. State, 645 So. 2d 436 (Fla. 1994)
- L.C. Bradley v. State, 631 So. 2d 1096 (Fla. 1994)
- Fulcher v. State, 875 So. 2d 647 (Fla. 3d DCA 2004)
- Jones v. State, 633 So. 2d 482 (Fla. 1st DCA 1994)
- Dortly v. State, 107 So. 3d 1229 (Fla. 1st DCA 2013)
- Morgan v. State, 99 So. 3d 999 (Fla. 1st DCA 2012)
- Donson v. State, 99 So. 3d 999 (Fla. 1st DCA 2012)