RICKY THOMAS HEATHERINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*1355] COWART, Judge.
We have examined the record and find competent substantial evidence to support appellant’s conviction of delivery of phenobarbital and of conspiracy. State v. Dent, 322 So. 2d 543 (Fla.1975); State v. Hubbard, 328 So. 2d 465 (Fla. 2d DCA 1976).
The trial court placed the appellant on probation with a condition that he serve fifty-one weeks in jail without gain time or furlough. Appellant cites 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 placing appellant on probation are
AFFIRMED.
FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.
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)…rict Court of Appeal has, in at least three opinions, 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…
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William v. Lawson Lamar, 414 So. 2d 1179 (Fla. 5th DCA 1982)…damus to have this court order jail officials to give him statutory gain time under section 951.-21, Florida Statutes (1981). The statute does not apply to incarceration as a condition of probation, as it is not a “sentence.” Heatherington v. State, 388 So. 2d 1354 (Fla. [*1180] 5th DCA 1980); Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980). The petition for mandamus is DENIED. FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.…
Authorities Cited
- State v. Dent, 322 So. 2d 543 (Fla. 1975)
- Depson v. State, 363 So. 2d 43 (Fla. 1st DCA 1978)
- Adams v. State, 387 So. 2d 498 (Fla. 5th DCA 1980)
- Julian v. State, 328 So. 2d 465 (Fla. 1st DCA 1976)
- State v. Hubbard, 328 So. 2d 465 (Fla. 2d DCA 1976)