Opinion
No. 98-494.
May 8, 1998.
An Appeal under Fla.R.App.P. 9.140 (i) from the Circuit Court for Dade County; Victoria Platzer, Judge.
Bennett H. Brummer, Public Defender and Suzanne Froix, Assistant Public Defender, Miami, for appellant.
Robert A. Butterworth, Attorney General and Dominique T. Suite-Brown, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and COPE and GREEN, JJ.
As in White v. State, 656 So.2d 255, 256 (Fla. 3d DCA 1995), "we reverse the denial of the [defendant's 3.800 — 3.850] motion and remand the case . . . to allow the trial court to determine whether, as part of a negotiated plea, the appellant specifically waived the right to receive credit for time served." See generally Vanderblomen v. State, ___ So.2d ___ (Fla. 1st DCA Case no. 97-2557, opinion filed, March 24, 1998) [23 FLW D795]. Because, if his position is correct, Scarborough may be entitled to immediate release — and, in any case, may be entitled to withdraw his plea — we direct that the matter be heard expeditiously below and dispense with rehearing here.