Davis v. State (2007)

While acknowledging that the Fifth District had reached a contrary conclusion in Davis, 968 So.2d at 1052 (holding that a plea agreement stating that defendant would receive 1531 days of credit was not “conclusive evidence” that defendant validly waived any additional' credit), the Third District determined that “a provision in a plea agreement that the defendant is to be awarded credit for time served from a specific date .effectively waives any claim to credit for time ser…

Davis v. State, 968 So.2d 1051, 1052 (Fla. 5th DCA 2007).

Davis v. State, 968 So.2d 1051, 1052 (Fla. 5th DCA 2007).

Woody v. State, 993 So.2d 1158, 1159 (Fla. 4th DCA 2008)(“We disagree with the trial court’s conclusion that a notation on the disposition sheet, next to the award of credit for 154 days, stating ‘-agrees to T/S,’ conclusively refuted Woody’s claim to be entitled to 548 days”)(emphasis in original); Davis v. State, 968 So.2d 1051, 1052 (Fla. 5th DCA 2007) (holding that written statement in plea agreement that defendant would receive credit for 1531 days time served was not c…

In Velasquez , the First District held that a notation of the amount of a jail credit on a written plea agreement “is not sufficient in the absence of evidence ‘that the defendant knew of his entitlement to additional credit and voluntarily relinquished that right.’ ” Id. at 980 (quoting Davis v. State, 968 So.2d 1051, 1053 (Fla. 5th DCA 2007)).

Although the trial court attached the plea agreement, which specifically called for appellant to receive 100 days of credit (which the appellant was awarded), a written notation in the plea agreement as to the amount of credit a defendant will receive is not sufficient to demonstrate that a defendant “knowingly and voluntarily waived jail credit to which he would otherwise be legally entitled.” Davis v. State, 968 So.2d 1051, 1052 (Fla. 5th DCA 2007).

See also Davis v. State, 968 So.2d 1051, 1052 (Fla. 5th DCA 2007) (concluding that written plea agreement that stated “[cjredit for time served as of 7/31/2006 is 1,531 days” was not conclusive evidence that defendant knowingly and voluntarily waived entitlement to any additional credit he was owed).

See, e.g., McLeod v. State, 58 So.3d 931, 932-33 (Fla. 5th DCA 2011) (citing Davis v. State, 968 So.2d 1051, 1052 (Fla. 5th DCA 2007)).

See Davis v. State, 968 So.2d 1051 (Fla. 5th DCA 2007).

See Davis v. State, 968 So.2d 1051, 1052 (Fla. 5th DCA 2007); Tribble v. State, 948 So.2d 52, 54 (Fla. 4th DCA 2007); Murphy v. State, 930 So.2d 794 (Fla. 1st DCA 2006); Reed v. State, 810 So.2d 1025 (Fla. 2d DCA 2002); Silverstein v. State, 654 So.2d 1040, 1041 (Fla. 4th DCA 1995).

See Davis v. State, 968 So.2d 1051 (Fla. 5th DCA 2007) (where written plea agreement stated that jail credit would be 1,531 days, that statement was not conclusive evidence that appellant knowingly and voluntarily waived jail credit to which he would be entitled); Briggs v. State, 929 So.2d 1151 (Fla. 5th DCA 2006) (jail credit is mandatory unless record clearly shows that defendant waived his entitlement to such credit); Reed v. State, 810 So.2d 1025 (Fla. 2d DCA 2002) (cou…