Opinion
No. 4D12-676
01-09-2013
SANTIAGO VILLAR, Appellant, v. STATE OF FLORIDA, Appellee.
Santiago Villar, Malone, Pro Se. Pamela Jo Bondi, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
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We reverse the order denying appellant's Florida Rule of Criminal Procedure 3.800(a) motion for additional jail credit. The motion was facially sufficient, and the records attached by the trial court did not show a knowing and voluntary waiver of entitlement to additional jail credit. Silverstein v. State, 654 So. 2d 1040, 1041 (Fla. 4th DCA 1995). A mere notation on the plea form regarding the amount of jail credit is not sufficient to show a waiver. Velasquez v. State, 11 So. 3d 979 (Fla. 1st DCA 2009). Cf. Hagan v. State, 25 So. 3d 639 (Fla. 1st DCA 2009) (holding that plea agreement which stipulates that defendant will receive jail credit from a certain date is sufficient to show waiver of additional credit); Lahens v. State, 27 So. 3d 174 (Fla. 4th DCA 2010) (distinguishing Velasquez and holding that notation on plea form that defendant was waiving all other credit was sufficient to show a knowing and voluntary waiver).
We remand this matter for further proceedings. On remand, the trial court shall award the additional jail credit or explain the basis for denying the motion for additional credit. The court may attach records showing that the defendant knowingly waived the right to additional jail credit as part of this negotiated plea.
Reversed and Remanded. STEVENSON, TAYLOR and LEVINE, JJ., concur.
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Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 2009CF008532AXX.
Santiago Villar, Malone, Pro Se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
Not final until disposition of timely filed motion for rehearing.