Waller v. State

Joseph Mark Waller appeals an order denying in part a Rule 3.801 motion for correction of jail credit. We reverse in part.

Waller’s motion requested credit for 360 days spent in jail from July 16, 2009, until July 9, 2010. The trial court was correct that he is not entitled to credit for the portion of that time spent in the drug farm program imposed as a condition of his probation pursuant to a negotiated plea. Carrier v. State, 925 So.2d 386, 387 (Fla. 4th DCA 2006).

However, a letter from the Sheriffs Office and records from the jail attached to the motion indicate that from July 15, 2009,…