Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cobb v. Jones

United States District Court, S.D. Florida

October 17, 2017

THADDEUS E. COBB, Petitioner,
v.
JULIE JONES, Respondent.

          REPORT OF MAGISTRATE JUDGE

          P.A. WHITE, MAGISTRATE JUDGE.

         Introduction

         Thaddeus E. Cobb, who is presently confined at Hamilton Correctional Institution in Jasper, Florida, has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, attacking his conviction and sentence in case number F09-40382, entered in the Eleventh Judicial Circuit Court of Miami-Dade County.

         This cause has been referred to the undersigned for consideration and report pursuant to 28 U.S.C. § 636(b)(1)(B) and Rules 8 and 10 of the Rules Governing Section 2254 Cases in the United States District Courts.

         The court has before it the petition for writ of habeas corpus [DE#1], Respondent's response to an order to show cause and appendix of exhibits [DE#11], and Petitioner's reply [DE#12].

         Claims

         Petitioner's sole claim in this proceeding is that the state trial court improperly denied him jail credit.

         Procedural History[1]

         Petitioner was charged with DUI manslaughter, DUI causing serious bodily injury, possession of cannabis, and careless driving. (Ap. J). The State subsequently filed a notice of intention to seek enhanced penalty as a habitual felony offender was filed on January 15, 2010. (Ap. K).

         On March 11, 2013, Petitioner entered a guilty plea (adjudication withheld) and was sentenced to a split sentence on all counts to a concurrent term of 21 months of incarceration, with 691 days' credit time served in county jail, followed by four years of probation, as a habitual felony offender (Ap. N).

         Petitioner was released from prison on March 12, 2013. An affidavit for violation of probation was filed on August 30, 2013, which alleged that Petitioner was in possession of cocaine as shown by a positive drug test on the same date. (Ap. P). As a result of a negotiated plea, Petitioner admitted his violation of probation and was resentenced to six years in prison. (Ap. T). At the same time Petitioner entered his plea, the Petitioner also completed an acknowledgment of jail credit (form). (Ap. U). The acknowledgment clearly reflects that Petitioner would receive credit from the booking date on the violation (9/13/13) to the day of the plea (5/9/14). The “Acknowledgment Regarding Amount of Credit for Time Served” that Petitioner signed specifically so stated. (Ap. U).

         The written sentencing order was rendered on May 22, 2014, and reflected a term of 72 months with credit time served “FROM 09/13/2013 PER COURT.” (Count 1). (Ap. T). As a result, at sentencing Petitioner received credit of 236 days, which was calculated from Petitioner's booking date on the violation (9/13/13) through the date of his plea (5/9/14).

         On May 4, 2015, [2] Petitioner filed a motion to correct jail credit pursuant to Florida Rule of Criminal Procedure 3.801. (Ap. V). In some respects, the motion is treated procedurally in the same manner as a 3.850 motion for post-conviction relief. (DE#11, p.4). In the motion, Petitioner alleged that he was entitled to credit for his time served on in the initial offense in addition to the credit from his last booking date from the VOP (691 days). Id.

         On May 27, 2015, the court denied the petitioner's motion. (Ap. W). Petitioner appealed and, on March, 9, 2016, Florida's Third District Court of Appeal affirmed the trial court. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.