Fenn v. State

District Court of Appeal of Florida

Fenn v. State

162 So. 3d 325, 2015 Fla. App. LEXIS 4219, 2015 WL 1320158

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 2015

DocketNo. 3D15-237

StatusPublished

This text of 162 So. 3d 325 (Fenn v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fenn v. State, 162 So. 3d 325, 2015 Fla. App. LEXIS 4219, 2015 WL 1320158 (Fla. Ct. App. 2015).

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Opinion

SUAREZ, J.

We affirm the trial court’s Omnibus Order Denying Defendant’s Emergency Motion for Correction of Credit Time Served. The Defendant asserts below and on appeal that he did not waive his right to credit for time served when he took his plea. A review of the record conclusively and clearly shows that the Defendant waived credit for time served; that is, he agreed to credit for time served only from his last booking date. See Ryan v. State, 837 So.2d 1075, 1076 (Fla. 3d DCA 2003) (“[Although a defendant can waive credit for time served as part of a plea agreement, such waiver must be clearly shown on the record.”).

Affirmed.

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SUAREZ, J.

We affirm the trial court’s Omnibus Order Denying Defendant’s Emergency Motion for Correction of Credit Time Served. The Defendant asserts below and on appeal that he did not waive his right to credit for time served when he took his plea. A review of the record conclusively and clearly shows that the Defendant waived credit for time served; that is, he agreed to credit for time served only from his last booking date. See Ryan v. State, 837 So.2d 1075, 1076 (Fla. 3d DCA 2003) (“[Although a defendant can waive credit for time served as part of a plea agreement, such waiver must be clearly shown on the record.”).

Affirmed.

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Bluebook (online)

162 So. 3d 325, 2015 Fla. App. LEXIS 4219, 2015 WL 1320158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenn-v-state-fladistctapp-2015.

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