Crump v. State, No. 3D13–2993.

CourtCourt of Appeal of Florida (US)
Writing for the CourtSHEPHERD
Citation137 So.3d 1148
Decision Date02 April 2014
Docket NumberNo. 3D13–2993.
PartiesShadrick CRUMP, Appellant, v. The STATE of Florida, Appellee.

137 So.3d 1148

Shadrick CRUMP, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D13–2993.

District Court of Appeal of Florida,
Third District.

April 2, 2014.


[137 So.3d 1149]


Shadrick Crump, in proper person.

Pamela Jo Bondi, Attorney General, and Keri T. Joseph, Assistant Attorney General, for appellee.


Before SHEPHERD, C.J., and FERNANDEZ and LOGUE, JJ.

SHEPHERD, C.J.

Shadrick Crump appeals from an order denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, in which he alleged the intent of his plea in the case before us was thwarted by a post-plea forfeiture of his gain time in a separate case on which he was at liberty on conditional release at the time he committed the crime in the present case. The trial court denied the motion, reasoning that the challenged gain time forfeiture must be pursued in the first instance through the appropriate administrative process. We agree and affirm the decision of the trial court without prejudice to Crump pursuing his administrative remedies.

On April 15, 1996, Crump pled guilty in Case No. F95–31734A to charges of conspiracies to commit armed robbery, armed burglary, and drug trafficking and was sentenced to fifteen years in state prison. On July 6, 2008, in recognition of the fact he had accumulated 915 days of gain time while in custody, Crump was granted conditional release. Conditional release is a post-prison supervision program where an inmate is placed on community supervision for a period of time equal to the amount of gain time the prisoner earned while in prison. See§ 947.1405, Fla. Stat. (2008);

[137 So.3d 1150]

Logan v. State, 964 So.2d 209 (Fla. 5th DCA 2007). The Florida Parole Commission oversees the program, and retains jurisdiction over the defendant until his or her conditional release supervision terminates. Gillard v. State, 827 So.2d 316, 317 (Fla. 1st DCA 2002). During that time, upon violation of any of the terms and conditions of release, the Commission may revoke the conditional release. § 947.141(4), Fla. Stat. (2010) (“[T]he [Commission] panel may revoke conditional release ... and thereby return the releasee to prison to serve the sentence imposed....”).

On September 10, 2010, while he was still on conditional release, the State charged Crump in Case No. F10–24273B with possessing cocaine with the intent to sell. On October 29, 2010, pursuant to a negotiated plea, the trial court entered a judgment of conviction in the new case, sentencing Crump to a term of three years in state prison with fifty-six days of credit for time served. After Crump began to serve his new sentence, the Department of Corrections advised Crump that the entirety of the 915 days of gain time he had been awarded in Case No. F95–31734A had been forfeited.

Crump then filed his motion...

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2 practice notes
  • Larson v. State, Case No. 2D17–336
    • United States
    • Court of Appeal of Florida (US)
    • April 20, 2018
    ...panel may revoke conditional release ... and thereby return the releasee to prison to serve the sentence imposed ...."). Crump v. State, 137 So.3d 1148, 1149–50 (Fla. 3d DCA 2014). Conditional release is part of an existing sentence. See Scantling v. State, 711 So.2d 524, 525 (Fla. 1998). T......
  • Creative Choice Homes, Ii, Ltd. v. Keystone Guard Servs., Inc., No. 3D13–2770.
    • United States
    • Court of Appeal of Florida (US)
    • April 2, 2014
    ...2005) (finding that “there is no requirement that the amount of a fine coincide with some strict element of proof of damages or losses [137 So.3d 1148]caused by the noncompliance”), there must be some indication in the record that the trial court considered the contemnor's ability to comply......
2 cases
  • Larson v. State, Case No. 2D17–336
    • United States
    • Court of Appeal of Florida (US)
    • April 20, 2018
    ...panel may revoke conditional release ... and thereby return the releasee to prison to serve the sentence imposed ...."). Crump v. State, 137 So.3d 1148, 1149–50 (Fla. 3d DCA 2014). Conditional release is part of an existing sentence. See Scantling v. State, 711 So.2d 524, 525 (Fla. 1998). T......
  • Creative Choice Homes, Ii, Ltd. v. Keystone Guard Servs., Inc., No. 3D13–2770.
    • United States
    • Court of Appeal of Florida (US)
    • April 2, 2014
    ...2005) (finding that “there is no requirement that the amount of a fine coincide with some strict element of proof of damages or losses [137 So.3d 1148]caused by the noncompliance”), there must be some indication in the record that the trial court considered the contemnor's ability to comply......

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