Jones v. State, 5D00-719.
| Decision Date | 20 April 2001 |
| Docket Number | No. 5D00-719.,5D00-719. |
| Citation | 782 So.2d 552 |
| Parties | Willie C. JONES, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Willie C. Jones, Jr., Mayo, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
Willie C. Jones, Jr. ("Jones") appeals the trial court's order denying his motion to enforce his plea agreement. We affirm in part and reverse in part.
In January 1991, Jones pled guilty to one count of kidnaping and one count of robbery. On May 3, 1991 he was sentenced to a term of 15 years incarceration on the robbery conviction followed by five years of probation on the kidnaping conviction. Based upon time served and accumulated gain time, Jones was released from prison and started his probation in November of 1997.
Jones was charged with violating his probation by changing his residence without the consent of his probation officer. In July of 1999 he pled no contest to the violation charge and, as a result thereof, the trial court revoked his probation and sentenced him to a term of 20 years incarceration, with credit for time served. After Jones began to serve his sentence on the probation violation, he filed a motion to enforce his plea agreement alleging that the Department of Corrections (DOC) has failed and refused to obey the court's sentencing order by forfeiting his gain time. The motion alleged that, when entering his plea of no contest to the charge of violating his probation, Jones was told by the trial judge in open court that he would receive credit for 15 years gain time towards the 20 year term of imprisonment. DOC has refused to award him such credit. The motion requested that the trial court either find DOC in contempt of court for failing to comply with the court's sentencing order or direct DOC to award him 15 years credit gain time. In the alternative, the motion requested that the court conduct an evidentiary hearing to determine whether he was entitled to receive any relief, including the right to withdraw his plea.
The trial court, without holding an evidentiary hearing, entered an order denying Jones' motion to enforce his plea agreement, finding that DOC had the legal authority to forfeit credit for gain time upon revocation of probation. We affirm that ruling because the court properly recognized that DOC's forfeiture of gain time cannot be countermanded by the court. See Singletary v. Whittaker, 739 So.2d 1183 (Fla. 5th DCA 1999)
. See also Forbes v. Singletary, 684 So.2d 173 (Fla. 1996). However, the trial court erred in failing to address Jones' alternative request that he be allowed to withdraw his plea.
A transcript of the proceedings held before the court on the July 26, 1999 plea conference confirms Jones' allegation that he was told by the trial judge that he would receive 15 years...
To continue reading
Request your trial
-
Dellofano v. State, 5D06-2805.
...court. See Barnett v. State, 933 So.2d 1269 (Fla. 5th DCA 2006); Dellahoy v. State, 816 So.2d 1253 (Fla. 5th DCA 2002); Jones v. State, 782 So.2d 552 (Fla. 5th DCA 2001). However, such a forfeiture cannot thwart the terms contemplated in a plea agreement. See Barnett, 933 So.2d at 1269; Del......
- Stevens v. State
-
Rogers v. State, 5D03-2397.
...is available when a judge tells a defendant that he will receive prison credit, and such credit is not forthcoming. See Jones v. State, 782 So.2d 552 (Fla. 5th DCA 2001) (reversing the trial court's denial of post-conviction motion "to enforce plea agreement," which alleged that plea was in......
-
Dellahoy v. State, 5D01-3354.
...of the gain time cannot be countermanded by the court, but neither can that forfeiture thwart the plea bargain. E.g., Jones v. State, 782 So.2d 552 (Fla. 5th DCA 2001); see also Wallace v. State, 793 So.2d 78 (Fla. 2d DCA 2001); Williams v. Dep't of Corrections, 734 So.2d 1132 (Fla. 3d DCA ......