CHRISTOPHER WOLTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Christopher Wolter appealed the denial of his post-judgment motion for jail credit following his plea to violation of probation and a new offense. The court affirmed the denial but allowed him to pursue claims regarding the voluntariness of his plea through a Rule 3.850 motion.
The court affirmed the denial of the jail credit motion, finding the waiver was specific, voluntary, and clear from the record. However, the affirmance was without prejudice to allow the defendant to file a Rule 3.850 motion challenging the voluntariness of his pleas based on his allegations regarding medication.
[1] Jail credit may be waived when the waiver is specific, voluntary, and clear from the face of the record.
[2] A claim that a plea was not knowingly and voluntarily entered into is properly raised pursuant to Florida Rule of Criminal Procedure 3.850.
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Join FLexlaw to unlock all legal intelligence“jail credit may be waived when the waiver is specific, voluntary, and clear from the face of the record”
Establishes the legal standard for whether jail credit can be waived in Florida
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Join FLexlaw to unlock all legal intelligenceIn 2015, Wolter was convicted of grand theft of a motor vehicle and sentenced to probation with adjudication withheld. In 2016, he was charged with vi…
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The defendant appeals an order denying his post-judgment motion for jail credit. We affirm the court’s order without prejudice for the defendant to raise issues regarding the voluntariness of his plea by motion pursuant to Florida Rule of Criminal-Procedure 3.850.
In 2015, the defendant was convicted of grand theft of a motor vehicle. The court withheld adjudication and sentenced him to probation. In 2016, he was charged with violating his probation and he pleaded to violation of probation, as well as a new, additional offense. The plea agreement provided for reinstatement of probation with special conditions including mitigating his term from 364 to 270 days, and for probation on the prior offense to terminate upon completion of his jail sentence for the new offense. The plea agreement also expressly provided that he would receive credit for 2 days of jail time served.
The defendant did not appeal, however, he filed a timely motion under Florida *853Rule of Criminal Procedure 8.801 seeking additional credit for time served in the Broward County jail from May 6, 2016 to June 16, 2016. The court summarily denied the motion on the merits, stating that at the time of his plea to violation of probation and to the new offense, the defendant and his counsel agreed on the record that he should receive two days of credit for time served and that all other time would be waived.
We have held that jail credit may be waived when the waiver is specific, voluntary, and clear from the face of the record. White v. State, 995 So.2d 1172, 1173-74 (Fla. 4th DCA 2008) (citations omitted). In this case, the court’s conclusion is supported by the record.
However, in his pro se notice of appeal, the defendant included verified allegations that “he was not aware he didn’t receive credit for time served for the above until after-the-fact because he was on his medication valium to detox.” A claim that a plea was not knowingly and'voluntarily entered into is properly raised pursuant to Florida Rule of Criminal Procedure 3.850. See, e.g., Wright v. State, 174 So.3d 400, 402 (Fla. 4th DCA 2015). Therefore, our affirmance is without prejudice to the defendant’s right to file a motion under 3.850 concerning the voluntariness of his pleas. See, e.g., Walker v. State, 203 So.3d 192 (Fla. 4th DCA 2016).
Affirmed.
Conner and Forst, JJ., concur.
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Zeffery Lundy v. State, 257 So. 3d 566 (Fla. 4th DCA 2018)…plea form and denied the motion on its merits. The court found appellant waived any claim to additional jail credit. However, a jail credit waiver must be specific, voluntary, and clear from the face of the record. See, e.g., Wolter v. State, 219 So. 3d 852, 853 (Fla. 4th DCA 2017). The plea form here did not satisfy this requirement. Because appellant’s motion was facially insufficient, the circuit court should have stricken it and given appellant leave to amend within sixty days. See, e.g.,…
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Sicola v. State (Fla. 2d DCA 2020)…P. 9.141(b)(2) from the Circuit Court for Pasco County; Mary M. Handsel, Judge. Chris Sicola, pro se. PER CURIAM. Affirmed. See Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986); Harris v. State, 483 So. 2d 111 (Fla. 2d DCA 1986); Wolter v. State, 219 So. 3d 852 (Fla. 4th DCA 2017); Hines v. State, 906 So. 2d 1137 (Fla. 3d DCA 2005). CASANUEVA, VILLANTI, and ATKINSON, JJ., Concur.…
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Grecham Toliver v. State (Fla. 2d DCA 2020)…Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County; Kemba Lewis, Judge. Grecham Toliver, pro se. PER CURIAM. Affirmed. See Wolter v. State, 219 So. 3d 852 (Fla. 4th DCA 2017). SLEET, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Walker v. State, 203 So. 3d 192 (Fla. 4th DCA 2016)
- Watts v. State, 995 So. 2d 1172 (Fla. 4th DCA 2008)
- Rogero Wright v. State, 174 So. 3d 400 (Fla. 4th DCA 2015)