OSCAR E. MOLINA, IV, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
OSCAR E. MOLINA, IV, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
867 So. 2d 645
Florida District Court of Appeal, Third District (2004)
Negative Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
We agree that the defendant was not entitled to credit for time served in an inpatient drug treatment program as required as a condition of his probation. Pennington v. State, 398 So. 2d 815 (Fla.1981); Smith v. State, 849 So. 2d 409 (Fla. 4th DCA 2003); Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002).
Affirmed.
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State v. Cregan, 908 So. 2d 387 (Fla. 2005)…habilitation facility as a condition of community control. The district court below held it could, Cregan v. State, 884 So. 2d 127, 128 (Fla. 4th DCA 2004), but certified conflict with two district courts that held it could not. See Molina v. State, 867 So. 2d 645 (Fla. 3d DCA 2004); Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002). We have jurisdiction to resolve the certified conflict. See art. V, § 3(b)(4), Fla. Const.; State v. Cregan, 889 So. 2d 72 (Fla.2005) (granting review). For the reasons explained…
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Johnson v. State, 974 So. 2d 1152 (Fla. 3d DCA 2008)…tence with “all credit for time served from 11/14/05,” precludes his present claim for credit for time spent in boot camp in 2002 after he was originally charged, even though he would have otherwise been entitled to that credit. See Obando v. State, 867 So. 2d 645 (Fla. 3d DCA 2004); Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003). Affirmed.…
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…l equiv [*641] alent of county jail, and the courts have consistently held that a defendant must be credited with the time he or she served in a boot camp prior to sentencing. See Lewis v. State, 894 So. 2d 1085 (Fla. 1st DCA 2005); Obando v. State, 867 So. 2d 645 (Fla. 3d DCA 2004); Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003); Barger v. State, 744 So. 2d 1159 (Fla. 1st DCA 1999); Miller v. State, 731 So. 2d 866 (Fla. 1st DCA 1999). Moreover, the courts require that appropriate credit be given for ti…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Doretha Pennington v. State, 398 So. 2d 815 (Fla. 1981)
- Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)
- Smith v. State, 849 So. 2d 409 (Fla. 4th DCA 2003)