KEITH BARNETTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2016-11-30
Nos. 4D16-3049, 4D16-3052
CIKLIN, C.J., WARNER and LEVINE, JJ., concur.
205 So. 3d 865 Florida District Court of Appeal, Fourth District (2016) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed without prejudice to appellant filing a timely motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 challenging the voluntariness of his plea agreement in lower tribunal case numbers 12-9122CF10A and 14-16661CF10A in light of his claim that he was not awarded the proper amount of jail credit as part of the agreement. Johnson v. State, 60 So.3d 1045, 1052 (Fla.2011); Colon v. State, 132 So.3d 297, 298 (Fla. 4th DCA 2014); Lacy v. State, 117 So.3d 848 (Fla. 4th DCA 2013); Villar v. State, 110 So.3d 503, 504 (Fla. 4th DCA 2013).

Affirmed without prejudice.

CIKLIN, C.J., WARNER and LEVINE, JJ., concur.


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Cited By

  • Ancrum v. State, 281 So. 3d 611 (Fla. 1st DCA 2019)
    …ding jail credit are not cognizable under the rule providing a mechanism for correcting the improper denial of credit for time served; such challenges must be raised in a motion challenging the voluntariness of the plea); see also Barnette v. State, 205 So. 3d 865 (Fla. 4th DCA 2016); Romero v. State, 176 So. 3d 1282 (Fla. 5th DCA 2015); Hale v. State, 174 So. 3d 1103 (Fla. 2d DCA 2015). AFFIRMED. RAY, C.J., and B.L. THOMAS and WINOKUR, JJ., concur. _____________________________ Not final until disposition…

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