00-1431 RENDER V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 00-1431 RENDER V. STATE

Case Date: 12/26/2001

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 JULY TERM, A.D. 2001

TERRIUS RENDER, Appellant, vs. THE STATE OF FLORIDA,

** ** ** CASE NO. 3D00-1431

** LOWER Appellee. ** TRIBUNAL NOS. 97-38700 97-38699 97-36365 Opinion filed December 26, 2001.

An appeal from the Circuit Court for Dade County, Pedro P. Echarte, Jr., Judge. Bennett H. Brummer, Public Defender, and Andrew Stanton, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Milligan, Assistant Attorney General, for appellee. Gary K.

Before COPE, GREEN and FLETCHER, JJ.

COPE, J. Terrius Render appeals an order denying his motion to

correct illegal sentence, whereby he sought additional credit

for time served. credit for time

Because defendant-appellant Render waived served prior to sentencing as part of the plea

bargain, we affirm the order denying the motion. In 1996, the State direct filed an information against the defendant, who was of juvenile age, for robbery, battery on a person over sixty-five years old, and resisting arrest without violence.1 Defendant entered a guilty plea and was sentenced to

nine months incarceration in county jail, followed by eighteen months of probation. While serving the probationary term, the defendant was charged with four new cases of armed robbery.2 Defendant entered a guilty plea in all of the cases in exchange for an agreed youthful offender sentence of four years in state prison, to be followed by two years of probation. As

part of the plea bargain, defendant waived credit for all time served. Defendant was incarcerated for twenty-three months

prior to sentencing.3 The defendant argues that if his credit for time served is considered, then he is serving a youthful offender sentence

1

Miami-Dade County Circuit Court case number 96-33338.

2

Miami-Dade County Circuit Court case numbers 97-35731, 9736365, 97-38699 and 97-38700.
3

In the 1996 case, the defendant had served an additional nine months in jail. 2

which exceeds the legal maximum.

He reasons that under the

youthful offender statute, a split sentence cannot exceed four years incarceration plus two years of probation. v. State, 727 So. 2d 403 (Fla. 3d DCA 1999). See Louissiant

He states that if

the twenty-three months of incarceration is added, then in the 1997 cases he had received an incarceration sentence of nearly six years, followed by two years of probation--which the statute does not allow. We reject the defendant's argument. right to credit for time served. There is a statutory

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