United States District Court, S.D. Florida
THADDEUS E. COBB, Petitioner,
JULIE JONES, Respondent.
REPORT OF MAGISTRATE JUDGE
WHITE, MAGISTRATE JUDGE.
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
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.
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
sole claim in this proceeding is that the state trial court
improperly denied him jail credit.
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).
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).
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.
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
4, 2015,  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.
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. ...