DON ALTON ADAMS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Imprisonment imposed as a condition of probation is not a sentence and therefore does not entitle a defendant to statutory gain time credits.
Imprisonment imposed as a special condition of probation is not a sentence and does not qualify for statutory gain time under Florida law.
[1] Imprisonment imposed as a condition of probation does not constitute a sentence and therefore does not entitle a defendant to statutory gain time credits under Florida la…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Thus there is a clear distinction between a sentence on the one hand, which must be preceded by an adjudication of guilt, and conditions of probation on the other hand, which can be imposed independently of an adjudication of guilt and imposition or pronouncement of sentence.”
Court explaining the fundamental distinction between sentences and probation conditions
Adams was placed on probation for five years conditioned on serving one year in Brevard County Jail and sought habeas corpus relief claiming entitleme…
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ORFINGER, Judge.
Adams alleges in his petition for writ of habeas corpus that he was placed on probation for five years conditioned on his serving one year in the Brevard County Jail. He asserts that he is entitled to statutory gain time as a county prisoner.1
The flaw in this argument is that the imposition of a short term of imprisonment as a special condition of probation is not a “sentence.” State v. Williams, 237 So. 2d 69 (Fla. 2d DCA 1970); Bracey v. State, 356 So. 2d 72 (Fla. 1st DCA 1978).
. Thus there is a clear distinction between a sentence on the one hand, which must be preceded by an adjudication of guilt, and conditions of probation on the other hand, which can be imposed independently of an adjudication of guilt and imposition or pronouncement of sentence. (Emphasis in original.) Williams, supra, at 70.
Rule 3.790, Florida Rules of Criminal Procedure, prohibits pronouncement and imposition of sentence of imprisonment upon a defendant who is to be placed on probation regardless of whether the defendant has or has not been adjudicated guilty. Trial courts have general authority to require incarceration as a condition of probation for felony offenses pursuant to the general condition provisions of section 948.03, Florida Statutes (1979). State v. Jones, 327 So. 2d 18, 24 (Fla.1976).
In this case the order of probation does not constitute the imposition of sentence necessitating the application of section 951.-21(1).
Petition DENIED.
DAUKSCH, C. J., and SHARP, J., concur. . Section 951.22(1), Fla.Stat. (1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Peter v. VAN Tassel, 486 So. 2d 528 (Fla. 1986)…held that gain time is not a matter of right in a situation like this because a probation order is not a “sentence.” William v. Lamar, 414 So. 2d 1179 (Fla. 5th DCA 1982); Heatherington v. State, 388 So. 2d 1354 (Fla. 5th DCA 1980); Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980). The First District Court of Appeal held in Bracey v. State, 356 So. 2d 72 (Fla. 1st DCA 1978), that jail time as a condition of probation was not a “sentencing” which requires credit for prior time served (section 921.161(1), Fl…
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Hewett v. State, 388 So. 2d 651 (Fla. 5th DCA 1980)…PER CURIAM. Petition DENIED on the authority of Adams v. State, 387 So. 2d 498, (Fla. 5th DCA 1980). ORFINGER, FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.…
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Heatherington v. State, 388 So. 2d 1354 (Fla. 5th DCA 1980)…ites Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978), as holding that the exclusion of gain time was improper. Apparently Depson involved a straight time term of years, whereas the confinement here was as a condition of probation. Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980), holds that confinement as a condition of probation is not a sentence within the meaning of the statute, section 951.21(1), Florida Statutes (1979), providing statutory gain time for a county prisoner. The judgments and orders…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- State v. Wardell Robert Williams, 237 So. 2d 69 (Fla. 2d DCA 1970)
- Pensacola Beach Realty, Inc. v. Fla. Real Est. Comm'n, 356 So. 2d 72 (Fla. 1st DCA 1978)