CHARLES JASON COMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant challenged the trial court's denial of jail-time credit for 116 days spent in a drug treatment program (CARP) while on community control. The Florida Supreme Court's decision in State v. Cregan established that defendants cannot receive credit against subsequent incarceration for time spent in community control, overruling prior Fourth District precedent to the contrary.
A defendant cannot be given credit against a subsequent term of incarceration for time spent in community control or in a drug treatment facility as a condition of community control, regardless of whether the facility may be characterized as the functional equivalent of jail.
[1] 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.
[2] Time spent in a drug treatment program as a condition of community control, even if it functions as the equivalent of jail, is not eligible for jail credit upon violation…
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Join FLexlaw to unlock all legal intelligence“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”
The Supreme Court of Florida's holding in Cregan that establishes the controlling law on this issue
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Join FLexlaw to unlock all legal intelligenceAppellant spent 116 days in the CARP drug treatment program while on community control as a condition of his sentence. He sought post-conviction relie…
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PER CURIAM.
Appellant challenges the trial court’s denial of his post-conviction motion that sought jail-time credit for 116 days appellant spent in the CARP drug treatment program while on community control. We withdraw our previous opinion in this case and, based on the Supreme Court of Florida’s decision in State v. Cregan, 908 So. 2d 387 (Fla.2005), affirm the trial court’s denial of postconviction relief.
The supreme court in Cregan quashed this court’s decision in Cregan v. State, 884 So. 2d 127 (Fla. 4th DCA 2004), which had certified conflict with Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002), and Molina v. State, 867 So. 2d 645 (Fla. 3d DCA 2004). The supreme court held that “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), Fla. Stat. (2003) (prohibiting the crediting of time spent on probation or community control to a subsequent prison sentence); Young v. State, 697 So. 2d 75 (Fla.1997) (same). Thus, the trial court properly denied appellant’s motion.
We acknowledge that the supreme court’s decision in Cregan, approving To-ney and Molina, overruled a line of cases from this court which held 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. State, 894 So. 2d 1041, 1042 (Fla. 4th DCA 2005); Smith v. State, 849 So. 2d 409, 409 (Fla. 4th DCA 2003).
Whitehead and its progeny are no longer valid on this point of law. Toney and Molina, as approved by Cregan, properly set out the law of Florida on this subject. See also Hamilton v. State, 898 So. 2d 172, 173 (Fla. 4th DCA 2005) (Polen, J., concurring specially). Upon a violation of probation or community control, a defendant is not entitled to time served in a drug treatment program or other facility that was a condition of probation or community control, regardless of whether the facility may be characterized as the “functional equivalent of jail.”
Post-conviction treatment in a drug rehabilitation facility as a condition of probation or community control is contractual in nature, not a coercive deprivation of liberty. Tal-Mason v. State, 515 So. 2d 738, 739 (Fla.1987). A trial court may not give jail credit for time spent on probation or community control.
GUNTHER, SHAHOOD and HAZOURI, JJ., concur.
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Citator
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…the face of the record, it may deny the motion without prejudice so that Petscher may file a motion pursuant to rule 3.850, Florida Rules of Criminal Procedure. I, therefore, respectfully dissent. .A brief word about the decision in Comer v. State, 909 So. 2d 460 (Fla. 4th DCA 2005), is in order. There, the court held that the defendant was not entitled to credit for time served in a drug program as a condition of community control. I believe this is a correct result. See State v. Cregan, 908 So. 2d 387, 391…
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Carrier v. State, 925 So. 2d 386 (Fla. 4th DCA 2006)…sion in Cregan, this court was faced with the issue of whether a defendant would be entitled to post-conviction jail-time credit for 116 days that the defendant spent in the CARP drug treatment program while on community control. See Comer v. State, 909 So. 2d 460 (Fla. 4th DCA 2005). In affirming the trial court’s denial of jail-time credit for time spent in CARP, this court noted the supreme court’s opinion in Cregan and concluded that “[pjost-conviction treatment in a drug rehabilitation facility as a cond…
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Mazza v. State, 948 So. 2d 872 (Fla. 4th DCA 2007)…custody in a drug treatment program as a condition of probation or community control. See State v. Cregan, 908 So. 2d 387, 389 (Fla.2005); Carrier v. State, 925 So. 2d 386, 388 (Fla. 4th DCA), rev. denied, 935 So. 2d 1219 (Fla.2006); Comer v. State, 909 So. 2d 460, 461 (Fla. 4th DCA 2005). We therefore affirm the order denying the motion to correct sentence. Affirmed. STEVENSON, C.J., and WARNER, J., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (17 total)
- Tal-Mason v. State, 515 So. 2d 738 (Fla. 1987)
- Young v. State, 697 So. 2d 75 (Fla. 1997)
- State v. Cregan, 908 So. 2d 387 (Fla. 2005)
- Whitehead v. State, 677 So. 2d 40 (Fla. 4th DCA 1996)
- Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002)
- Molina v. State, 867 So. 2d 645 (Fla. 3d DCA 2004)
- Kamerman v. State, 765 So. 2d 63 (Fla. 4th DCA 2000)
- Smith v. State, 849 So. 2d 409 (Fla. 4th DCA 2003)
- Johnson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002)
- Colson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002)