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Johnson v. State

District Court of Appeal of Florida, Third District
Feb 13, 2008
974 So. 2d 1152 (Fla. Dist. Ct. App. 2008)

Summary

holding "a provision in a plea agreement that the defendant is to be awarded credit for time served from a specific date effectively waives any claim to credit for time served before that date"

Summary of this case from Hagan v. State

Opinion

No. 3D07-2418.

February 13, 2008.

Appeal from the Circuit Court, Miami-Dade County, Jorge Perez, J.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and CORTIÑAS, J., and SCHWARTZ, Senior Judge.


Following Hines v. State, 906 So.2d 1137 (Fla. 3d DCA 2005), we again hold that a provision in a plea agreement that the defendant is to be awarded credit for time served from a specific date effectively waives any claim to credit for time served before that date. See also Rivera v. State, 954 So.2d 1216 (Fla. 3d DCA 2007), review granted, 968 So.2d 557 (Fla. 2007). Contra, e.g., Davis v. State, 968 So.2d 1051 (Fla. 5th DCA 2007); but cf. Fulcher v. State, 875 So.2d 647, 649 (Fla. 3d DCA 2004) (Cope Wells, JJ., specially concurring), case dismissed, 890 So.2d 1114 (Fla. 2004); Ryan v. State, 837 So.2d 1075 (Fla. 3d DCA 2003); Sommers v. State, 829 So.2d 379, 380 n. 1 (Fla. 3d DCA 2002). In this case, the defendant's agreement in writing and in the plea colloquy to having violated probation specifically in return for a four-year state prison sentence with "all credit for time served from 11/14/05," precludes his present claim for credit for time spent in boot camp in 2002 after he was originally charged, even though he would have otherwise been entitled to that credit. See Obando v. State, 867 So.2d 645 (Fla. 3d DCA 2004); Griffin v. State, 838 So.2d 1218 (Fla. 3d DCA 2003).

Affirmed.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Third District
Feb 13, 2008
974 So. 2d 1152 (Fla. Dist. Ct. App. 2008)

holding "a provision in a plea agreement that the defendant is to be awarded credit for time served from a specific date effectively waives any claim to credit for time served before that date"

Summary of this case from Hagan v. State

finding that where a defendant agrees to a plea awarding time served from a specific date, he "waives any claim to credit for time served before that date"

Summary of this case from Johnson v. State
Case details for

Johnson v. State

Case Details

Full title:Andrea JOHNSON, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 13, 2008

Citations

974 So. 2d 1152 (Fla. Dist. Ct. App. 2008)

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