LLUTHER MCKIVER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
LLUTHER MCKIVER, PETITIONER,
STATE OF FLORIDA, RESPONDENT
147 So. 3d 665
Florida District Court of Appeal, Fifth District (2014)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the trial court’s January 8, 2013 order denying postconviction relief, in case no. 2008-CF-1392, in the Circuit Court in and for Citrus County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).
TORPY, CJ., PALMER and EVANDER JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shotwell v. State, 208 So. 3d 1192 (Fla. 3d DCA 2017)…erefore does not conclusively refute Shotwell’s claim. See Maldonado v. State, 145 So. 3d 913, 915 (Fla. 2d DCA 2014) (stating that “a waiver of jail time credit must be specific, voluntary, and clear from the face of the record”); Pippins v. State, 147 So. 3d 665 (Fla. 5th DCA 2014) (reversing trial court’s order and remanding for evidentia-ry hearing or attachment of additional portions of record because written plea form did not expressly provide that defendant had waived additional jail credit and defenda…
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Fulgham v. State, 232 So. 3d 1183 (Fla. 5th DCA 2018)…See Fla. R. Crim. P. 3.801. He argues that in the absence of any evidence showing he specifically waived credit for jail time, the trial court erred in relying on his written plea form to deny his motion. We agree and reverse. See Pippins v. State, 147 So. 3d 665, 665-66 (Fla. 5th DCA 2014). The facts of this case are virtually identical to Pippins, where we reversed an order summarily denying the appellant’s motion for additional jail credit because the written plea form did not expressly provide that the…