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HOWARD HARLIB vs THE STATE OF FLORIDA
Case Number: 19-1543
Judge: Before SCALES, LINDSEY and LOBREE, JJ.
Court: Third District Court of Appeal State of Florida
Plaintiff's Attorney: Ashley Moody, Attorney General
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The defendant, Howard Harlib, appeals the denial of his untimely motion for
postconviction relief, which the trial court treated as a motion for correction of his
sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The
defendant was sentenced to five years of incarceration upon his admission to
violation of the probationary portion of a split sentence. The record conclusively
refutes his claim that he is entitled to receive credit for all of the time he was
incarcerated in state prison, which he calculates as 1825 days.
A defendant sentenced to a probationary split sentence who violates
probation and is resentenced to prison is entitled to credit for all time actually served
in prison prior to his release on probation unless credit is waived. Rey v. State, 262 So. 3d 839, 840 (Fla. 3d DCA 2018). The waiver of prison credit must be clearly
shown on the record. Isaac v. State, 992 So. 2d 304, 305 (Fla. 3d DCA 2008). Our
review of the plea colloquy reflects that the defendant specifically agreed to a five
year prison sentence waiving all credit for time served. In addition to the transcript
reflecting that the defendant made a knowing and intelligent waiver of any credit for
time served, he also executed a contemporaneous, written acknowledgment of his
understanding that pursuant to the terms of the plea, he would not receive any credit
for time served.
Outcome: We therefore affirm the denial of relief.