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Wade v. State

District Court of Appeal of Florida, Third District
Feb 7, 2001
776 So. 2d 1082 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D01-153.

Opinion filed February 7, 2001.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Jose Rodriguez, Judge. Lower Tribunal No. 97-26121.

Affirmed.

Stanley Wade, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, COPE and RAMIREZ, JJ.


The trial court properly denied the appellant credit for additional time served. As part of his plea bargain, defendant-appellant Wade waived all credit for time previously served in this case, except for eleven days. Such a waiver is permissible. See Cozza v. State, 756 So.2d 272, 273 (Fla. 3d DCA 2000); Wells v. State, 751 So.2d 703, 704 (Fla. 1st DCA 2000).

Defendant was originally sentenced to three hundred sixty-six days in prison followed by one year of probation. He violated probation and entered a plea bargain for another prison term. Defendant's motion suggests that he may be arguing that his gain time from his earlier imprisonment in this case should not have been forfeited. He relies on State v. Green, 547 So.2d 925 (Fla. 1989), but the gain time statute was subsequently modified and now provides for forfeiture of gain time upon recommitment. See § 944.28(1), Florida Statutes (1997); Dowdy v. Singletary, 704 So.2d 1052, 1053 (Fla. 1998); Tripp v. State, 622 So.2d 941, 942 n. 2 (1993).

Affirmed.


Summaries of

Wade v. State

District Court of Appeal of Florida, Third District
Feb 7, 2001
776 So. 2d 1082 (Fla. Dist. Ct. App. 2001)
Case details for

Wade v. State

Case Details

Full title:STANLEY WADE, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 7, 2001

Citations

776 So. 2d 1082 (Fla. Dist. Ct. App. 2001)

Citing Cases

Griffin v. State

Such a waiver is permissible in a plea bargain. Wade v. State, 776 So.2d 1082, 1082 (Fla.3d DCA 2001); Cozza…