DALE TYRONE MATHEWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEHAN, Judge.
We affirm the trial court’s denial of defendant’s motion to clarify or correct his sentence and give him credit for time served while on community control. We do not agree with defendant’s contention on appeal which is to the effect that community control is the functional equivalent of jail. Butler v. State, 530 So. 2d 324 (Fla. 5th DCA 1988). See Braxton v. State, 524 So. 2d 1141 (Fla. 2d DCA 1988) (“[W]e do not equate community control with incarceration.”). Compare Tal-Mason v. State, 515 So. 2d 738, 739 (Fla.1987) (“[C]oercive commitment to a state [mental] institution was indistinguishable from pretrial detention in a ‘jail,’....”).
We find no merit in defendant’s other contention.
Affirmed.
CAMPBELL, C.J., and HALL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)…nity control against any term of incarceration subsequently imposed. See State v. Collins, 585 So. 2d 454 (Fla. 2d DCA 1991); Swain v. State, 553 So. 2d 1331 (Fla. 1st DCA 1989); State v. Arnold, 550 So. 2d 154 (Fla. 5th DCA 1989); Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988). However, as we have pointed out, this general rule has now been modified by Fraser v. State, which held that a defendant is entitled to credit for time served on community control when the defendant’s sentence of community contro…
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In the Interest of B.A., 546 So. 2d 125 (Fla. 1st DCA 1989)…that a community control sentence is equivalent to a sentence of imprisonment against which credit is mandated, pursuant to section 921.161, Florida Statutes, for time served in confinement pending disposition of the case. Compare Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988), in which the court disagreed with that defendant’s contention that community control is the functional equivalent of jail. See also Braxton v. State, 524 So. 2d 1141 (Fla. 2d DCA 1988), in which, in consideration of Fourth Amendm…
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Smith v. State, 615 So. 2d 712 (Fla. 2d DCA 1993)…o violates the conditions of his community control. In Fraser, the supreme court accurately notes that community control is a more coercive deprivation of liberty than probation. It is not, however, a functional equivalent of jail. Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988). Fraser did not overrule Mathews. We continue to hold that a trial court may legally deny jail credit for an unsuccessful term of community control. RYDER, A.C.J., and PATTERSON, J., concur.…
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- Tal-Mason v. State, 515 So. 2d 738 (Fla. 1987)
- Braxton v. State, 524 So. 2d 1141 (Fla. 2d DCA 1988)
- Butler v. State, 530 So. 2d 324 (Fla. 5th DCA 1988)