HARLIB v. STATE (2019)

The defendant, Howard Harlib, appeals the denial of his untimely motion for postconviction relief, which the trial court treated as a motion for correction of his sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The defendant was sentenced to five years of incarceration upon his admission to violation of the probationary portion of a split sentence. The record conclusively refutes his claim that he is entitled to receive credit for all of the time he was incarcerated in state prison, which he calculates as 1825 days.

“A defendant sentenced to a probationary split sentence who violates probation and is resentenced to prison is entitled to credit for all time actually served in prison prior to his release on probation unless credit is waived.” Rey v. State, 262 So. 3d 839, 840 (Fla. 3d DCA 2018). The waiver of prison credit must be clearly shown on the record. Isaac v. State, 992 So. 2d 304, 305 (Fla. 3d DCA 2008). Our review of the plea colloquy reflects that the defendant specifically agreed to a five-year prison sentence waiving all credit for time served. In addition to the transcript reflecting that the defendant made a knowing and intelligent waiver of any credit for time served, he also executed a contemporaneous, written acknowledgment of his understanding that pursuant to the terms of the plea, he would not receive any credit for time served. We therefore affirm the denial of relief.

PER CURIAM.