JOHN CHANCEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court has discretion, but no legal obligation, to grant jail credit for time served on community control when the defendant violates its conditions.
Appellant violated his community control sentence and sought credit for the time served on community control, citing Fraser v. State. The trial court …
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PER CURIAM.
Appellant failed to successfully complete his sentence of community control by violating his probation. He cites Fraser v. State, 602 So. 2d 1299 (Fla.1992) and contends the trial court erred when it failed to credit him for the time that he served on community control. We disagree and affirm.
We agree with the conclusion reached by the Second District Court of Appeal in Smith v. State, 615 So. 2d 712 (Fla. 2d DCA 1993). In Smith, the court held:
Thus, the issue before the supreme court in Fraser was whether the trial court had the discretion under section 921.161, Florida Statutes (1989), to give jail credit for successfully completed periods of community control.
The supreme court answered the certified question in the affirmative. Its opinion, however, emphasized that its answer was based on “the circumstances presented here.” 602 So. 2d at 1300. It pointed out that Fraser was successfully completing his sentence of community control when, through no fault of his own, he was required to return to prison.
Although a trial court has discretion to grant jail credit for time served on community control under circumstances justifying that credit, it has no legal obligation to give such credit to a defendant who 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.
Id. at 713.
AFFIRMED.
HERSEY and DELL, JJ., and DOWNEY, JAMES C., Senior Judge, concur.
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Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993)…sented here.” 602 So. 2d at 1300. It pointed out that Fraser was successfully completing his sentence of community control when, through no fault of his own, he was required to return to prison. Id. at 713 (emphasis added); accord Chancey v. State, 614 So. 2d 18, 18-19 (Fla. 4th DCA 1993); cf. Goss v. State, 608 So. 2d 541 (Fla. 3d DCA 1992) (crediting community control against a post-conviction sentence for community control). We agree with Smith and Chancey that Fraser was intended to be confined to the u…
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Lopez v. State, 722 So. 2d 936 (Fla. 4th DCA 1998)…ot the equivalent of incarceration. See In the Interest of B.A., 546 So. 2d 125, 125-26 (Fla. 1st DCA 1989); Depson v. State, 363 So. 2d 43, 44 (Fla. 1st DCA 1978); Smith v. State, 664 So. 2d 1076, 1076 (Fla. 2d DCA 1995); see also Chancey v. State, 614 So. 2d 18, 19 (Fla. 4th DCA 1993). KLEIN, J. and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
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Williams v. State, 629 So. 2d 174 (Fla. 2d DCA 1993)…obationary term imposed. We hold that the trial court has discretion to disallow such credit since just as community control is not the functional equivalent of jail time, Smith v. State, 615 So. 2d 712 (Fla. 2d DCA 1993), see also Chancey v. State, 614 So. 2d 18 (Fla. 4th DCA 1993), neither is it the functional equivalent of probationary time. The trial court in ordering Williams to serve concurrent terms of four years in prison followed by one year probation in Case No. 91-176 imposed a legal sentence. Af…
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
- Fraser v. State, 602 So. 2d 1299 (Fla. 1992)
- Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988)
- Smith v. State, 615 So. 2d 712 (Fla. 2d DCA 1993)