SC08-418 – Andrea Johnson v. State of Florida

State: Florida

Docket No: SC08-418

Case Date: 04/21/2011

Preview:Supreme Court of Florida
____________ No. SC08-418 ____________ ANDREA JOHNSON, Petitioner, vs. STATE OF FLORIDA, Respondent. _____________ No. SC08-1489 _____________ BERNARD JOYNER, Petitioner, vs. STATE OF FLORIDA, Respondent. [April 21, 2011] CANADY, C.J. In these consolidated cases we consider whether challenges to plea agreement provisions concerning credit for time served are cognizable under

Florida Rule of Criminal Procedure 3.800(a). Andrea Johnson seeks review of Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008), and Bernard Joyner seeks review of Joyner v. State, 988 So. 2d 670 (Fla. 3d DCA 2008). In each case, the Third District Court of Appeal determined that the trial court did not err in denying a rule 3.800(a) motion. The Third District reasoned that relief was not available under rule 3.800(a) because the defendants assent to written plea agreements that provided the defendants would receive credit for time served for a specific period constituted waivers of any additional credit for time served. Johnson and Joyner correctly contend that the Third Districts decisions expressly and directly conflict with the decision of the Fifth District Court of Appeal in Davis v. State, 968 So. 2d 1051 (Fla. 5th DCA 2007), which held that a plea agreement provision regarding credit for time served could be challenged under rule 3.800(a). We have jurisdiction. See art. V,

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