Hale v. State

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

Opinion

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.