Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008). · Go Syfert
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Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008). Cases Citing This Book View Copy Cite
“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 served before that date.”
22 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Young v. State (fladistctapp, 2009-07-22)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (verbatim quote) Young v. State
Fla. Dist. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
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 served before that date.
discussed Cited as authority (verbatim quote) Holmes v. State
Fla. Dist. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
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 for time served before that date
discussed Cited as authority (rule) Reddix v. State (2×)
Fla. Dist. Ct. App. · 2009 · confidence medium
Our court has said that "a provision in a plea agreement *619 that the defendant is to be awarded credit for time served from a specific date effectively waives any claim to credit for time served before that date." Johnson v. State, 974 So.2d 1152, 1152 (Fla. 3d DCA 2008), review stayed, No. SC08-418 (Fla. March 18, 2008); Joyner v. State, 988 So.2d 670, 672 (Fla. 3d DCA 2008).
cited Cited "see" Sunderlin v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Johnson v. State, 974 So.2d 1152 (Fla. 3d DCA 2008).
cited Cited "see" Cephus v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Johnson v. State, 974 So.2d 1152 (Fla. 3d DCA 2008), review granted, 17 So.3d 705 (Fla.2009).
discussed Cited "see" Hagan v. State (2×)
Fla. Dist. Ct. App. · 2009 · signal: see · confidence high
See Johnson v. State, 974 So.2d 1152 (Fla. 3d DCA 2008) (holding "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 served before that date"); see also Joyner v. State, 988 So.2d 670 (Fla. 3d DCA 2008) (holding a stipulation in a plea agreement for jail credit from a specific date waives any claim to credit for prior time served).
discussed Cited "see" Johnson v. State
Fla. Dist. Ct. App. · 2009 · signal: see · confidence high
See Johnson v. State, 974 So.2d 1152, 1152 (Fla. 3d DCA 2008) (finding that where a defendant agrees to a plea awarding time served from a specific date, he “waives any claim to credit for time served before that date”).
cited Cited "see, e.g." White v. State
Fla. Dist. Ct. App. · 2008 · signal: see also · confidence low
See also Johnson v. State, 974 So.2d 1152 (Fla. 3d DCA 2008).
Andrea JOHNSON, Appellant,
v.
The STATE of Florida, Appellee.
3D07-2418.
District Court of Appeal of Florida, Third District.
Feb 13, 2008.
974 So. 2d 1152
Gersten, C.J., and Cortiã‘as, J., and Schwartz, Senior Judge.
Cited by 16 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #38,663 of 633,719
Citer courts: District Court of Appeal of Fl… (2)

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and CORTIÑAS, J., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

Following Hines v. State, 906 So.2d 1137 (Fla. 3d DCA 2005), we again hold 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 served before that date. See also Rivera v. State, 954 So.2d 1216 (Fla. 3d DCA 2007), review granted, 968 So.2d 557 (Fla. 2007). Contra, e.g., Davis v. State, 968 So.2d 1051 (Fla. 5th DCA 2007); but cf. Fulcher v. State, 875 So.2d 647, 649 (Fla.[*1153] 3d DCA 2004) (Cope & Wells, JJ., specially concurring), case dismissed, 890 So.2d 1114 (Fla.2004); Ryan v. State, 837 So.2d 1075 (Fla. 3d DCA 2003); Sommers v. State, 829 So.2d 379, 380 n. 1 (Fla. 3d DCA 2002). In this case, the defendant's agreement in writing and in the plea colloquy to having violated probation specifically in return for a four-year state prison sentence with "all credit for time served from 11/14/05," precludes his present claim for credit for time spent in boot camp in 2002 after he was originally charged, even though he would have otherwise been entitled to that credit. See Obando v. State, 867 So.2d 645 (Fla. 3d DCA 2004); Griffin v. State, 838 So.2d 1218 (Fla. 3d DCA 2003).

Affirmed.