KIMBERLY LALONDE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant, Kimberly LaLonde, appeals the trial court’s order denying her rule 3.800(a) motion to correct illegal sentence, alleging that she has not received the appropriate credit for time served. We affirm in part and reverse in part. Appellant alleges that she was required, as a condition of community control, to enter into a drug and alcohol treatment facility. Appellant is entitled to credit for time spent in jail awaiting placement into a drug treatment facility imposed as a condition of probation or community control. Bamishin v. State, 927 So. 2d 68, 71 (Fla. 1st DCA 2006), rev. dismissed, 939 So. 2d 1057 (Fla.2006); Scott v. State, 805 So. 2d 926, 927 (Fla. 2d DCA 2001). Accordingly, we reverse the trial court’s order and remand for the trial court to grant the appellant credit for the time spent in jail while waiting for placement into the drug treatment facility.
POLEN, FARMER and MAY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Waller v. State, 201 So. 3d 749 (Fla. 4th DCA 2016)…m July 15, 2009, until August 28, 2009, Waller was in jail or in a Drug Education Dorm awaiting placement in the drug farm program. He is entitled to credit for time served in jail while awaiting placement in the treatment program. LaLonde v. State, 941 So. 2d 586, 587 (Fla. 4th DCA 2006). Because an evidentiary hearing may be needed to resolve this issue, we reverse and remand for further proceedings. WARNER, GROSS and FORST, JJ., concur.…
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Sultan Shakir v. State, 40 So. 3d 76 (Fla. 4th DCA 2010)…credit for time served in the county jail after imposition of the original sentence. A defendant “is entitled to credit for time spent in jail awaiting placement into a drug treatment facility imposed as a condition of probation.” LaLonde v. State, 941 So. 2d 586, 587 (Fla. 4th DCA 2006). Appellant alleged a prima facie claim for this credit by stating the date range during which he was in the county jail after sentencing but before his placement at the rehabilitation center. See Kitchen v. State, 20 So. 3d…
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Robbie Grant v. State, 76 So. 3d 1119 (Fla. 1st DCA 2011)…ug treatment facility. We agree, and the State concedes error. A defendant is “entitled to credit for time spent in jail awaiting placement into a drug treatment facility imposed as a condition of probation or community control.” LaLonde v. State, 941 So. 2d 586, 587 (Fla. 4th DCA 2006); see also Bamishin v. State, 927 So. 2d 68, 71 (Fla. 1st DCA 2006) (citing Truette v. State, 914 So. 2d 1074, 1074) (“Because Appellant served time in jail as a special condition of his probation, he is entitled to credit fo…
Authorities Cited
- Barnishin v. State, 927 So. 2d 68 (Fla. 1st DCA 2006)
- Barrerio v. McDonough, 939 So. 2d 1057 (Fla. 2006)
- Williams v. State, 805 So. 2d 926 (Fla. 2d DCA 2001)
- Scott v. State, 805 So. 2d 926 (Fla. 2d DCA 2001)