DAVID ALLEN EVERETT, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-10-18
No. 19-1082
Howard, J., Cohen, J., Edwards, J., Grosshans, J.
Florida District Court of Appeal, Fifth District (2019)

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.

Holding

Although counsel has a duty to advise a defendant about jail credit as a direct consequence of a plea, a defendant fails to establish ineffective assistance of counsel when he does not allege that he would have rejected the plea absent the alleged misadvice.

Headnotes

[1] Jail credit is a direct consequence of a plea affecting the range of punishment and must be included in counsel's advice regarding the terms of a plea agreement.

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Key Quotes

“Credit for time served, or jail credit, is a direct consequence of a plea because it affects the range of punishment—in this case, the length of [the defendant's] incarceration—in a definite manner, immediately and automatically upon imposition of a sentence.”

Court citing Reyna v. State to establish that jail credit is a direct consequence of a plea requiring counsel's advice
Facts & Procedural History

Everett entered a global plea in three criminal cases and later filed a Rule 3.850 motion claiming his counsel was ineffective for failing to fully ad…

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Topics
Hill V. Lockhart Standard Credit For Time Served Postconviction Relief Ineffective Assistance Of Counsel

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Opinion of the Court
Grosshans

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

DAVID ALLEN EVERETT, JR.,

Appellant,

v. Case No. 5D19-1082

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed October 18, 2019

3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

David Allen Everett, Jr., Live Oak, pro se.

Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant appeals the postconviction court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion. We affirm. In his postconviction motion, Appellant argued that his counsel was ineffective for failing to fully advise him of the terms of his global plea; specifically, how much credit for time served he would receive in each of three criminal cases. The postconviction court

AFFIRMED.

COHEN, EDWARDS and GROSSHANS, JJ., concur.

Footnotes
2 summarily denied the motion, reasoning that counsel was not required to advise of credit for time served because jail credit was not a direct consequence of the plea. This was error. See Reyna v. State, 18 So. 3d 1131, 1133 (Fla. 2d DCA 2009) (“Credit for time served, or jail credit, is a direct consequence of a plea because it affects the range of punishment—in this case, the length of [the defendant’s] incarceration—in a definite manner, immediately and automatically upon imposition of a sentence.”). However, Appellant has not claimed that, but for his counsel’s alleged misadvice, he would have insisted on proceeding to trial. Rather, Appellant explicitly denied any desire to withdraw his plea and requested only to alter its terms. Thus, Appellant has not alleged the prejudice necessary to support his ineffectiveness claim. See Hill v. Lockhart, 474 U.S. 52, 58–59 (1985). Accordingly, we affirm the summary denial of his postconviction motion.

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