07-0482 RIVERA V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3D07-0482

Case Date: 04/18/2007

Plaintiff: 07-0482 RIVERA

Defendant: STATE

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2007

Opinion filed April 18, 2007.
Not final until disposition of timely filed motion for rehearing.

________________

No. 07-482
Lower Tribunal No. 06-23597; 00-26683
________________

Victor X. Rivera,
Appellant,

vs.

The State of Florida,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Cristina Pereyra-Shuminar, Judge.

Bennett H. Brummer, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant.

   Bill McCollum, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before COPE, C.J., and GREEN and SUAREZ JJ.

COPE, C.J.
Victor Rivera appeals an order denying his petition for writ of habeas corpus.  Defendant-appellant Rivera maintains that he is entitled to additional credit for time previously served, and that upon application of such credit, he is entitled to immediate release from custody.  We affirm the denial of relief.
The defendant pled no contest to charges of attempted second degree murder and aggravated battery.  He was sentenced to two years of community control, followed by four years of probation, with the special condition that he complete the Dade County Boot Camp Program.
The defendant was taken into custody on charges that he had violated his probation.  The defendant entered into a negotiated plea whereby he admitted the violation and received a downward departure sentence.  The trial court approved the negotiated plea and imposed a three year prison sentence, with the special condition that the defendant complete the Modality Program, a prison substance abuse treatment program.  The court stated that the defendant would receive credit for time served from the date he was taken into custody on the probation violation, November 21, 2005.  The interval between November 21, 2005 and the December 27, 2005 sentencing date was thirty-seven days and the defendant was given thirty-seven days of credit for time served.

For reasons not directly relevant here, before the defendant accepted the plea there was a discussion of the amount of time he would likely be in custody if he accepted the State

Download 3D07-0482.pdf