KELLY
v.
STATE OF FLORIDA
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Time spent on probation or in community control does not constitute part of a sentence to be served under Florida Statute § 948.06(3).
[1] Time spent on probation or in community control does not constitute any part of a sentence to be served under Florida law.
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Join FLexlaw to unlock all legal intelligence“No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve.”
Florida Statute § 948.06(3) (2003)
Anthony Leon Kelly appealed a circuit court decision regarding the calculation of his sentence. The appeal involved the question of whether probation …
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Appeal from the Circuit Court for Pinellas County; Philip J. Federico, Judge.
Anthony Leon Kelly, pro se.
PER CURIAM.
Affirmed. See § 948.06(3), Fla. Stat. (2003) ("No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve."); Russell v. State, 676 So. 2d 1026, 1027 (Fla. 3d DCA 1996) ("Probation is a minimal restraint on liberty compared with incarceration, and a probationary period is not considered to be a 'sentence.' "). KELLY, KHOUZAM, and LUCAS, JJ., Concur.
Opinion subject to revision prior to official publication.
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