Scarborough v. State

District Court of Appeal of Florida

Scarborough v. State

708 So. 2d 701, 1998 Fla. App. LEXIS 5245, 1998 WL 227652

District Court of Appeal of Florida·Decided May 8, 1998·No. No. 98-494·Published

Opinion

PER CURIAM.

As in White v. State, 656 So.2d 255, 256 (Fla. 3d DCA 1995), “we reverse the denial of the [defendant’s 3.800-3.850] motion and remand the case ... to allow the trial court to determine whether, as part of a negotiated plea, the appellant specifically waived the right to receive credit for time served.” See generally Vanderblomen v. State, 709 So.2d [702]*702144 (Fla. 1st DCA 1998). Because, if his position is correct, Scarborough may be entitled to immediate release — and, in any case, may be entitled to withdraw his plea — we direct that the matter be heard expeditiously below and dispense with rehearing here.

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PER CURIAM.

As in White v. State, 656 So.2d 255, 256 (Fla. 3d DCA 1995), “we reverse the denial of the [defendant’s 3.800-3.850] motion and remand the case ... to allow the trial court to determine whether, as part of a negotiated plea, the appellant specifically waived the right to receive credit for time served.” See generally Vanderblomen v. State, 709 So.2d [702]*702144 (Fla. 1st DCA 1998). Because, if his position is correct, Scarborough may be entitled to immediate release — and, in any case, may be entitled to withdraw his plea — we direct that the matter be heard expeditiously below and dispense with rehearing here.

Scarborough v. State, 708 So. 2d 701, 1998 Fla. App. LEXIS 5245, 1998 WL 227652 (Fla. Ct. App. 1998).

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