ROBERT TENNELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Robert Tennell appeals the trial court’s order summarily denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.
In his motion, Tennell claimed he was entitled to credit against his prison sentence for time served in a drug treatment center as a condition of community control. A defendant is generally not entitled to jail credit for time spent in a live-in treatment center. See Young v. State, 754 So. 2d 128 (Fla. 2d DCA 2000). However, a defendant is entitled to credit where the live-in treatment center is the functional equivalent of jail. See Hill v. State, 754 So. 2d 788 (Fla. 2d DCA 2000). Tennell presented a facially sufficient claim detailing that the drug treatment center in which he was required to reside was the functional equivalent of jail. On remand, if the trial court again denies Tennell’s motion without an evidentiary hearing, it shall attach those portions of the record conclusively demonstrating that appellant is not entitled to relief.
Reversed and remanded.
NORTHCUTT, A.C.J., and CASANUEVA, J„ and CAMPBELL, MONTEREY, (Senior) Judge, concur.
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Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)…VINGTON, and KELLY, JJ., concur. . This includes, but is not limited to, Perez v. State, 801 So. 2d 166 (Fla. 2d DCA 2001), Sparks v. State, 800 So. 2d 726 (Fla. 2d DCA 2001), McCollum v. State, 799 So. 2d 1082 (Fla. 2d DCA 2001), Tennell v. State, 787 So. 2d 65 (Fla. 2d DCA 2001), and Branton v. State, 787 So. 2d 59 (Fla. 2d DCA 2001). . The trial court denied Mr. Toney’s motion for rehearing as unauthorized under Florida Rule of Criminal Procedure 3.800(a) even though Mr. Toney filed the motion pursuant…
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Hall v. State, 784 So. 2d 1224 (Fla. 2d DCA 2001)…credit for the time that he spent in a live-in drug treatment center. However, Hall did not allege that the drug treatment center was the functional equivalent of jail and therefore did not present a facially sufficient claim. See Tennell v. State, 787 So. 2d 65 (Fla. 2d DCA 2001). Our affirmance is without prejudice to Hall’s ability, if any, to raise this issue in a properly pleaded rule 3.800(a) motion or in a timely, facially sufficient motion filed pursuant to Florida Rule of Criminal Procedure 3.850.…
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Flanagan v. State, 792 So. 2d 519 (Fla. 2d DCA 2001)…t out that Flanagan’s claim for additional jail credit is facially insufficient because it fails to explain why he is entitled to the additional credit and how his claim is established in the records available to the trial court. See Rolon v. State, 787 So. 2d 65 (Fla. 2d DCA 2001). This affirmance is without prejudice to Flanagan’s right to file a facially sufficient motion raising this claim. Affirmed in part, reversed in part, and remanded. THREADGILL, A.C.J., and DAVIS, J., Concur.…
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- Williams v. State, 754 So. 2d 788 (Fla. 2d DCA 2000)
- Young v. State, 754 So. 2d 128 (Fla. 2d DCA 2000)