Hale v. State

District Court of Appeal of Florida

Hale v. State

174 So. 3d 1103, 2015 Fla. App. LEXIS 13913, 2015 WL 5460191

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 2015

Docket2D14-5494

StatusPublished

Cited by1 cases

This text of 174 So. 3d 1103 (Hale 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.

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Hale v. State, 174 So. 3d 1103, 2015 Fla. App. LEXIS 13913, 2015 WL 5460191 (Fla. Ct. App. 2015).

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Opinion

*1104 KHOUZAM, Judge.

Troy Hale appeals the order denying his motion for jail credit under Florida Rule of Criminal Procedure 3.801. We affirm without prejudice to Hale’s right to file a timely motion under rule 3.850. See Johnson v. State, 60 So.3d 1045, 1052 (Fla.2011). We caution, however, that “[wjhen a criminal defendant seeks to withdraw a negotiated plea, or to attack it collaterally, if he is successful he loses the benefit of the bargain he has elected to attack.” Id. (quoting Moreland v. Smith, 664 So.2d 1039, 1040 (Fla. 2d DCA 1995)).

CRENSHAW and MORRIS, JJ„ Concur.

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*1104 KHOUZAM, Judge.

Troy Hale appeals the order denying his motion for jail credit under Florida Rule of Criminal Procedure 3.801. We affirm without prejudice to Hale’s right to file a timely motion under rule 3.850. See Johnson v. State, 60 So.3d 1045, 1052 (Fla.2011). We caution, however, that “[wjhen a criminal defendant seeks to withdraw a negotiated plea, or to attack it collaterally, if he is successful he loses the benefit of the bargain he has elected to attack.” Id. (quoting Moreland v. Smith, 664 So.2d 1039, 1040 (Fla. 2d DCA 1995)).

CRENSHAW and MORRIS, JJ„ Concur.

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174 So. 3d 1103, 2015 Fla. App. LEXIS 13913, 2015 WL 5460191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hale-v-state-fladistctapp-2015.

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