Terrence Eugene Ancrum v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 21, 2019
• Docket: 18-1639
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-1639 _____________________________

TERRENCE EUGENE ANCRUM,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge.

October 21, 2019

PER CURIAM.

Terrance Eugene Ancrum appeals the summary denial of his motion for correction of jail credit filed under Florida Rule of Criminal Procedure 3.801. Because a claim for jail credit beyond the amount agreed to in a plea bargain is not cognizable in a rule 3.801 proceeding, we affirm. See Johnson v. State, 60 So. 3d 1045, 1052 (Fla. 2011) (holding that challenges to plea agreement provisions regarding jail credit are not cognizable under the rule providing a mechanism for correcting the improper denial of credit for time served; such challenges must be raised in a motion challenging the voluntariness of the plea); see also Barnette v. State, 205 So. 3d 865 (Fla. 4th DCA 2016); Romero v. State, 176 So. 3d 1282 (Fla. 5th DCA 2015); Hale v. State, 174 So. 3d 1103 (Fla. 2d DCA 2015). AFFIRMED.

RAY, C.J., and B.L. THOMAS and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Terrence Eugene Ancrum, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.