Hale v. State

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT TROY E. HALE, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Case No. 2D14-5494 Opinion filed September 18, 2015. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County; Bruce E. Kyle, Judge. KHOUZAM, Judge. Troy Hale appeals the order denying his motion for jail credit under Florida Rule of Criminal Procedure 3.801. We affirm without prejudice to Hale's right to file a timely motion under rule 3.850. See Johnson v. State, 60 So. 3d 1045, 1052 (Fla. 2011). We caution, however, that "[w]hen a criminal defendant seeks to withdraw a negotiated plea, or to attack it collaterally, if he is successful he loses the benefit of the bargain he has elected to attack." Id. (quoting Moreland v. Smith, 664 So. 2d 1039, 1040 (Fla. 2d DCA 1995)). CRENSHAW and MORRIS, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.