Florida District Courts of Appeal, 2015

Fenn v. State

Fenn v. State
Florida District Courts of Appeal · Decided March 25, 2015 · Lagoa, Rothenberg, Suarez
162 So. 3d 325; 2015 Fla. App. LEXIS 4219; 2015 WL 1320158 (Southern Reporter, Third Series)

Fenn v. State

Opinion of the Court

SUAREZ, J.

We affirm the trial court’s Omnibus Order Denying Defendant’s Emergency Motion for Correction of Credit Time Served. The Defendant asserts below and on appeal that he did not waive his right to credit for time served when he took his plea. A review of the record conclusively and clearly shows that the Defendant waived credit for time served; that is, he agreed to credit for time served only from his last booking date. See Ryan v. State, 837 So.2d 1075, 1076 (Fla. 3d DCA 2003) (“[Although a defendant can waive credit for time served as part of a plea agreement, such waiver must be clearly shown on the record.”).

Affirmed.

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