Epler v. Judges of Thirteenth Judicial Circuit, Hillsborough County, 74--1510
| Decision Date | 21 February 1975 |
| Docket Number | No. 74--1510,74--1510 |
| Citation | 308 So.2d 134 |
| Parties | George Willis EPLER, Petitioner, v. JUDGES OF the THIRTEENTH JUDICIAL CIRCUIT, HILLSBOROUGH COUNTY, Florida, Respondents. |
| Court | Florida District Court of Appeals |
George Willis Epler, in pro. per.
Robert L. Shevin, Atty. Gen., Tallahassee, and May Jo M. Gallay, Asst. Atty. Gen., Tampa, for respondents.
Petitioner, George Willis Epler, filed his petition for writ of mandamus in this court. We issued our rule nisi and respondents timely filed their return and attached thereto a copy of the sentencing proceeding. Petitioner contends that the trial court erred in sentencing him to serve one year in the county jail without credit for good time incarcerated awaiting trial, contrary to Florida Statutes, Section 921.161(1), which provides:
(1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence.
The sole question presented for our consideration is whether the trial court erred in not complying with the mandatory requirement of the statute, Supra. We think it necessary to set out the pertinent portion of the colloquy between the trial judge, attorney for petitioner and attorney for the state:
THE COURT: It is the judgment, order and sentence of this Court that George Eppler be confined in the State Prison for fifteen months. Give him credit for all time previously served . . ..
MR. LITTLE (assistant public defender): Your Honor, there was one point in the plea bargaining, his wife was coming down here. I think, as I recall, you said that if she came down you would consider giving him local county time.
In the light of the colloquy and the averments contained in respondents' return, we conclude that petitioner knowingly, voluntarily and with advice of counsel, waived his entitlement to credit for time served in jail prior to the sentencing. We see no justifiable reason why petitioner could not waive this...
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Hagan v. State
...part of a plea agreement. See Prangler v. State, 470 So.2d 105, 106 (Fla. 2d DCA 1985); Epler v. Judges of the Thirteenth Judicial Circuit Hillsborough County, 308 So.2d 134, 135 (Fla. 2d DCA 1975). But, for any such waiver to effective, "the court records must establish the defendant's cle......
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Joyner v. State
...however, as part of a plea agreement. Prangler v. State, 470 So.2d 105, 106 (Fla. 2d DCA 1985); Epler v. Judges of the Thirteenth Judicial Circuit, 308 So.2d 134 (Fla. 2d DCA 1975). We affirm the denial of relief on authority of Johnson v. State, 974 So.2d 1152 (Fla. 3d DCA 2008) (stayed pe......
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Silverstein v. State, 94-3691
...correctly argues that a defendant can waive credit for time served as part of a plea agreement. See Epler v. Judges of the Thirteenth Judicial Circuit, 308 So.2d 134 (Fla. 2d DCA 1975) and Prangler v. State, 470 So.2d 105 (Fla. 2d DCA 1985). However, in those cases, the waivers were clearly......
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Van Ellis v. State, AV-457
...v. State, 418 So.2d 388 (Fla. 1st DCA 1982). We reject the state's argument that the decision in Epler v. Judges of Thirteenth J.C., Hillsborough Cty., 308 So.2d 134 (Fla. 2d DCA 1975) established the ruling that the failure to make an objection to this type of sentencing error renders the ......