CHARLES E. TAYLOR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Taylor appealed an order denying his petition for proper credit for time served toward his sentence. The court reversed in part, awarding him additional jail time credit before sentencing, but affirmed the denial of credit for time spent in a drug rehabilitation center.
Taylor is entitled to an additional 48 days credit for time spent in jail from December 8, 1996 through January 24, 1997 before sentencing, as defendants are entitled to credit for all time in detention facilities prior to sentencing. However, he is not entitled to credit for time spent in the drug rehabilitation center, as such placement does not constitute a deprivation of liberty under the statute.
[1] A defendant is entitled to credit for all time spent in a detention facility prior to sentencing.
[2] Time spent in a drug rehabilitation center, absent a coercive deprivation of liberty, does not entitle a defendant to credit for time served.
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Join FLexlaw to unlock all legal intelligence“A defendant is entitled to credit for all time spent in a detention facility prior to sentencing.”
Establishes the core statutory entitlement to jail time credit under Fla. Stat. § 921.161(1)
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Join FLexlaw to unlock all legal intelligenceTaylor was arrested and spent time in jail before sentencing on a probation violation. He was discharged from a drug treatment center, spent additiona…
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PER CURIAM.
This is an appeal from an order summarily denying the appellant’s petition to have his credit for time served properly calculated by the Department of Corrections and to have his sentencing order reflected accordingly. Specifically, the appellant seeks credit for time served while awaiting sentencing on his probation violation and for time spent in a drug rehabilitation center while on community control.
The state concedes, and we agree, that in addition to the fifty-four (54) days credit already awarded for time spent in jail (i.e. March 13, 1997 through May 5, 1997), in case number 96-39180, the appellant is entitled to an additional forty-eight (48) days credit for time spent in jail (i.e., December 8, 1996 through January 24, 1997) after he was unsuccessfully discharged from the drug treatment center and sentenced on a new charge. A defendant is entitled to credit for all time spent in a detention facility prior to sentencing. See § 921.161(1), Fla. Stat. (1997); State v. Perko, 588 So. 2d 980, 981-82 (Fla.1991). Accordingly, we reverse and remand for the court to award credit for such time accordingly.
As to the appellant’s request for credit for time spent at the drug treatment center, however, we conclude he has no entitlement to the same. See Smith v. State, 619 So. 2d 994, 994 (Fla. 3d DCA 1993) (‘While a defendant is entitled to ‘credit for all of the time he spent in the county jail before sentence,’ Sec. 921.161(1), Fla. Stat. (1991), he will get no credit for time served in drug rehabilitation centers, halfway houses, and probation and restitution centers.”); see also Tal-Mason v. State, 515 So. 2d 738, 740 (Fla.1987) (holding defendant entitled to credit for time served while in mental institution where it constitutes a coercive deprivation of liberty). In the instant case, the appellant’s requirement to attend a drug treatment center is not a deprivation of liberty as to entitle him to credit for time served as contemplated by the statute. Accordingly, we affirm that part of the order denying the appellant credit for such time.
Reversed and remanded in part and affirmed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hamilton v. State, 898 So. 2d 172 (Fla. 4th DCA 2005)…e spent in drug' rehab. Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981); Williamson v. State, 765 So. 2d 89 (Fla. 1st DCA 2000). The third district has held this consistently. Smith v. State, 619 So. 2d 994 (Fla. 3d DCA 1993); Taylor v. State, 726 So. 2d 348 (Fla. 3d DCA 1999). The fifth district also appears to have correctly applied the supreme court’s precedent. Nowell v. State, 742 So. 2d 345 (Fla. 5th DCA 1999). But see Columbro v. State, 777 So. 2d 1208 (Fla. 5th DCA 2001) (requiring credit where…
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MAY v. State, 912 So. 2d 326 (Fla. 3d DCA 2005)…ounty on October 19, 2000, and sentenced on July 18, [*327] 2001. As the State concedes, May is entitled to credit for all of the time he served in jail prior to his sentence. See Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999); Taylor v. State, 726 So. 2d 348 (Fla. 3d DCA 1999). May is thus entitled to jail credit from September 4, 2000, until July 18, 2001. Reversed and remanded for correction of sentence.…
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Aviles v. State, 794 So. 2d 734 (Fla. 5th DCA 2001)…court correctly denied the claim for credit, relying on Williamson v. State, 765 So. 2d 89 (Fla. 1st DCA 2000), in which the court held that a defendant is not entitled to credit for time served in a drug treatment program. See also Taylor v. State, 726 So. 2d 348 (Fla. 3d DCA 1999). The trial court also correctly denied the scoresheet error claims as mer-itless or not cognizable in a Rule 3.800(a) motion. See Mathis v. State, 738 So. 2d 414 (Fla. 5th DCA), rev. denied, 751 So. 2d 51 (Fla.1999). AFFIRMED.…
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
- Tal-Mason v. State, 515 So. 2d 738 (Fla. 1987)
- State v. Perko, 588 So. 2d 980 (Fla. 1991)
- Smith v. State, 619 So. 2d 994 (Fla. 3d DCA 1993)