SEAN E. CREGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in summarily denying postconviction relief without an evidentiary hearing regarding credit for time served in a drug treatment program.
Sean Cregan sought credit for time spent in a drug treatment program against a sentence for violating community control. The trial court summarily den…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Community Control cases and more on FLexlaw
PER CURIAM.
Sean Cregan appeals a trial court order summarily denying his rule 3.850 motion for postconvietion relief, in which he sought credit for time served at Turning Point Bridge, a drug treatment program. Cregan sought credit for this time against the sentence he faced for violation of community control.
In summarily denying postconviction relief, the trial court found that there was no pretrial detention order issued and no involuntary or coercive deprivation of liberty in this case. The court cited decisions from this court and another concerning claims for credit for house arrest time served, and recognizing that a court may deny credit for jail time served on community control. See Licata v. State, 788 So. 2d 1063 (Fla. 4th DCA 2001); Chancey v. State, 614 So. 2d 18 (Fla. 4th DCA 1993).
Here, the court did not appear to exercise its discretion to deny credit for the Turning Point Bridge drug program. Rather, it appears that the trial court denied credit as a matter of law, and did so summarily, without affording Cregan an evidentiary hearing on the issue of whether the drug program qualified him for credit against his subsequent sentence for violation of community control. We reverse and remand for an evidentiary hearing 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., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Cregan, 908 So. 2d 387 (Fla. 2005)…CANTERO, J. We must decide whether a court may grant jail-time credit for time spent in a drug rehabilitation 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 certifie…
-
Carrier v. State, 925 So. 2d 386 (Fla. 4th DCA 2006)…obationer spends in a post-conviction drug treatment facility is not creditable against a subsequent term in jail or prison. In approving both the Second and the Third District Courts of Appeal, and quashing this court’s decision in Cregan v. State, 884 So. 2d 127 (Fla. 4th DCA 2004), the court held: “a defendant who violates the conditions of community control cannot be given credit against a subsequent term of incarceration for the time spent in community control.” Cregan, 908 So. 2d at 391; see § 948.06(3)…
-
Hamilton v. State, 898 So. 2d 172 (Fla. 4th DCA 2005)…ause the trial court followed the procedure we have approved in our prior decisions, we affirm. KLEIN and STEVENSON, JJ., concur. POLEN, J., concurs specially with opinion. . Whitehead v. State, 677 So. 2d 40 (Fla. 4th DCA 1996); Cregan v. State, 884 So. 2d 127 (Fla. 4th DCA 2004); Johnson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002); Phillips v. State, 816 So. 2d 1154 (Fla. 4th DCA 2002); Leach v. State, 774 So. 2d 899, 900 (Fla. 4th DCA 2001); Kamerman v. State, 165 So. 2d 63 (Fla. 4th DCA 2000); Rasik v…
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
- Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)
- Licata v. State, 788 So. 2d 1063 (Fla. 4th DCA 2001)
- Molina v. State, 867 So. 2d 645 (Fla. 3d DCA 2004)
- Kamerman v. State, 765 So. 2d 63 (Fla. 4th DCA 2000)
- Johnson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002)
- Colson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002)
- Chancey v. State, 614 So. 2d 18 (Fla. 4th DCA 1993)