5D11-4565 Robert Robertson v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-4565

Case Date: 03/05/2012

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012

ROBERT ROBERTSON, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 9, 2012 Appeal from the Circuit Court for Orange County, Alice Blackwell, Judge. Robert Robertson, Mayo, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D11-4565

ORFINGER, C.J. Robert Robertson alleges that the trial court erred in summarily denying his Florida Rule of Criminal Procedure 3.800(a) motion seeking additional jail-time credit, which would have entitled him to habeas relief of immediate release. We disagree, and affirm. Mr. Robertson contends that he is entitled to additional jail credit in his Orange County violation of probation ("VOP") case for the time he spent in the Hillsborough

County jail from June 25, 2011, to September 21, 2011. Mr. Robertson is not entitled to credit for time served in Hillsborough County because the warrant for the Orange County VOP was not executed until September 27, 2011. Gethers v. State, 838 So. 2d 504, 508 (Fla. 2003) (holding that defendant is entitled to credit only after warrant is actually served, and is not entitled to credit merely due to placement of detainer). While a Hillsborough county judge informed Mr. Robertson on June 25, 2011, of the existence of an Orange County arrest warrant for the affidavit of violation of probation, a judge lacks authority to execute a warrant. See

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