Summary
affirming order denying postconviction motion where plea colloquy was "very specific that defendant was waiving any claim for credit for time served prior to sentencing"
Summary of this case from Castro v. StateOpinion
No. 3D00-3635.
October 31, 2001.
An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Lawrence A. Schwartz, Judge. Lower Tribunal No. 98-40478.
James Allen Griffin, in proper person.
Robert A. Butterworth, Attorney General, and Kristine Keaton, Assistant Attorney General, for appellee.
Before COPE, GODERICH and SHEVIN, JJ.
James Allen Griffin appeals an order denying his postconviction motion whereby he seeks credit for jail time served prior to sentencing. We affirm the order denying relief. The plea colloquy in this case was very specific that the defendant was waiving any claim for credit for time served prior to sentencing. Such a waiver is permissible in a plea bargain. Wade v. State, 776 So.2d 1082, 1082 (Fla.3d DCA 2001); Cozza v. State, 756 So.2d 272, 273-74 (Fla.3d DCA 2000).
Affirmed.