5D10-3372 William McLeod v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-3372

Case Date: 01/03/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010

WILLIAM T. MCLEOD, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 7, 2011 3.800 Appeal from the Circuit Court for Lake County, Mark J. Hill, Judge. William T. Mcleod, Avon Park, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. ORFINGER, J. William T. McLeod seeks review of the trial court's summary denial of his motion seeking additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The issue that we address is whether a defendant can, as part of a plea agreement, waive jail credit, which results in the defendant serving a term of imprisonment that exceeds the statutory maximum for the offense that he committed. We conclude that such a sentence is illegal and reverse the order under review. Case No. 5D10-3372

McLeod's original sentence for a third-degree felony included a period of probation.1 The maximum sentence allowed by law for a third-degree felony is a term of imprisonment not to exceed five years. See

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