JERRY KAMERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JERRY KAMERMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
765 So. 2d 63
Florida District Court of Appeal, Fourth District (2000)
Negative Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
The order denying appellant’s sworn motion for jail time credit while attending the Turning Point program is reversed. On remand, the court shall either attach portions of the record conclusively showing no entitlement to relief or shall order an evidentiary hearing as to whether the program qualifies appellant for jail time credit. See Rasik v. State, 717 So. 2d 618 (Fla. 4th DCA 1998); Whitehead v. State, 677 So. 2d 40 (Fla. 4th DCA 1996).
GUNTHER, FARMER and GROSS, JJ., concur.
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Citator
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Smith v. State, 849 So. 2d 409 (Fla. 4th DCA 2003)…r revoking probation but remanding for an evidentiary hearing to determine whether or not appellant’s service in this drug farm sheriffs facility was sufficiently restrictive to be deemed the equivalent of incarceration). See also Kamerman v. State, 765 So. 2d 63 (Fla. 4th DCA 2000) (reversing sworn motion for jail credit for record attachments showing appellant is not entitled to relief or for evidentiary hearing determining whether Turning Point program qualifies appellant for jail time credit); and Columb…
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Cregan v. State, 884 So. 2d 127 (Fla. 4th DCA 2004)…ring or record attachments conclusively showing no entitlement to relief on this claim. See Johnson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002)(certifying conflict with Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)); see also Kamerman v. State, 765 So. 2d 63 (Fla. 4th DCA 2000). In addition to certifying conflict with Toney once more, we also certify conflict with Molina v. State, 867 So. 2d 645 (Fla. 3d DCA 2004), which recently adopted Toney. REVERSED and REMANDED. POLEN, STEVENSON and GROSS, JJ.…
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Comer v. State, 909 So. 2d 460 (Fla. 4th DCA 2005)…that a defendant could be credited with time served in a drug treatment facility as a condition of probation. Whitehead v. State, 677 So. 2d 40 (Fla. 4th DCA 1996). See also Phillips v. State, 816 So. 2d 1154 (Fla. 4th DCA 2002); Kamerman v. State, 765 So. 2d 63 (Fla. 4th DCA 2000); Rasik v. State, 717 So. 2d 618 (Fla. 4th DCA 1998); Johnson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002); Leach v. State, 774 So. 2d 899, 900 (Fla. 4th DCA 2001); Williams v. State, 699 So. 2d 845 (Fla. 4th DCA 1997); Carrier v.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Whitehead v. State, 677 So. 2d 40 (Fla. 4th DCA 1996)
- Rasik v. State, 717 So. 2d 618 (Fla. 4th DCA 1998)