Griffin v. State, 3D02-1760.
| Decision Date | 05 March 2003 |
| Docket Number | No. 3D02-1760.,3D02-1760. |
| Parties | Dedeaire GRIFFIN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
838 So.2d 1218
Dedeaire GRIFFIN, Appellant,v.
The STATE of Florida, Appellee
No. 3D02-1760.
District Court of Appeal of Florida, Third District.
March 5, 2003.
Charlie Crist, Attorney General and John D. Barker, Assistant Attorney General, for appellee.
Before JORGENSON, COPE, and GREEN, JJ.
GREEN, J.
Defendant Dedeaire Griffin appeals from an order denying his motion to correct an unlawful sentence pursuant to Florida Rule of Criminal Procedure 3.800. We affirm in part, and reverse in part.
The defendant was initially arrested on December 23, 1999, and remained incarcerated until his sentencing on March 6, 2000. On March 6, 2000, the defendant entered a guilty plea to armed robbery and third degree grand theft of an automobile, and was adjudicated guilty. He was sentenced to 364 days followed by two years community control followed by two years probation. He waived all credit for time served and gaintime. Additionally, the trial court recommended early termination of the defendant's jail sentence when space at boot camp opened up for him.
The defendant's jail sentence was terminated on October 17, 2000 when he entered into the boot camp program. He remained in boot camp until April 16, 2001, when he was released to community control. The defendant violated the conditions of his community control on August 7, 2001 and was arrested. On August 14, 2001, his community control was reinstated. He again violated his community control on October 11, 2001, and was sentenced on January 9, 2002 to two years in state prison with credit for 89 days time served from the date of his October 11 arrest to the date of sentencing.
In the court below, the defendant claimed he was entitled to credit for time served from the date of his December 1999
The defendant is not entitled to receive credit for time served for the period he was in county jail awaiting his initial sentence because any credit or gaintime available to him was validly waived. See Prangler v. State, 470 So.2d 105, 106 (Fla. 2d DCA 1985)(finding that a defendant may validly enter into a...
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