05-0566 HINES V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-0566

Case Date: 06/15/2005

Plaintiff: 05-0566 HINES

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, 2005
GREGORY HINES,  **
Appellant,  **
vs.  **  CASE NO. 3D05-566

THE STATE OF FLORIDA, ** Appellee. ** LOWER TRIBUNAL NO. 99-43037
** Opinion filed June 15, 2005. An Appeal under Florida Rule of Appellate Procedure
9.141(b)(2) from the Circuit Court for Miami-Dade County, IsraelReyes, Judge.
Gregory Hines, in proper person.
Charles J. Crist, Jr., Attorney General, and Ishir Mehta,Assistant Attorney General, for appellee. Before LEVY, C.J., and RAMIREZ and ROTHENBERG, JJ.
ROTHENBERG, Judge.
The defendant, Gregory Hines, appeals the denial of his motion for correction of his sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.
On December 23, 1999, the defendant, who was a juvenile at the time, was arrested for robbery with a firearm and held at the juvenile detention center. On January 13, 2000, he was transferred to Turner Gilford Knight Correctional Facility after the State direct filed his case to circuit court. On March 7, 2000, the defendant pled guilty to the charges and was sentenced to 364 days incarceration followed by two years of community control and two years of probation. As a condition of his community control, he agreed and was ordered to enter and successfully complete the Miami-Dade County bootcamp program.
A probation violation warrant was subsequently issued and served upon the defendant on December 23, 2002. The defendant remained in custody until entering his plea of guilty to the violations on February 26, 2003, wherein based upon a negotiated plea between the defendant and the State, his probation was revoked and he was sentenced to forty-eight months incarceration with credit for the forty-six days he had served from his arrest on the probation violation warrant to the date of his plea.
The defendant claims that he is entitled to receive credit for all of the time he was incarcerated, which he calculates as 479 days. This calculation includes the time he served prior to his plea on January 13, 2000, the time he served on his original jail sentence, the time he served in bootcamp, and the time he served after being arrested on the warrant.
2

While a defendant is entitled to receive credit for the time he served in a county jail before his sentence was imposed,

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