ELI EDWARD JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant was convicted of grand larceny and sentenced to the Hillsborough County Diagnostic Treatment Center for a period of one (1) year to be followed by seven (7) years probation. He served the period of incarceration and, while on probation, committed another criminal offense. After hearing, the trial court revoked his probation. He was sentenced to serve four (4) years in the state penitentiary with credit for time served since July 16, 1974.
The judgment and sentence are affirmed. However, we remand the case to the trial court with directions to correct the sentence to give appellant credit for time served in the treatment center. See State v. Jones, Fla.1976, 327 So. 2d 18.
McNULTY, C. J., and HOBSON and BOARDMAN, JJ., concur.
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Doretha Pennington v. State, 398 So. 2d 815 (Fla. 1981)…on center where such was a condition of probation. This decision is contrary to the decisions of the Second District Court of Appeal in Graham v. State, 366 So. 2d 498 (Fla.2d DCA), appeal dismissed, 370 So. 2d 459 (Fla. 1979), and Johnson v. State, 334 So. 2d 334 (Fla.2d DCA 1976). We find direct conflict and have jurisdiction under article V, section 3(bX3), Florida Constitution (1972). We approve the instant decision of the Fourth District and discharge the petition. The relevant facts reflect that petiti…1 / 3
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Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981)…as confinement in the county jail, and thus the statute does not require that credit be given for such time. We recognize that this ruling as to treatment centers conflicts with the ruling of the Second District Court of Appeal in Johnson v. State, 334 So. 2d 334 (Fla.2d DCA 1976). We respectfully disagree with that ruling. We consider that the Jacksonville Community Correctional Center is an adjunct of the Duval County Jail and that appellant is entitled to credit for the time he was confined there. Appel…
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Barron v. State, 369 So. 2d 669 (Fla. 2d DCA 1979)…he was entitled. Although he was given some credit, he was not credited for the time he spent in the Hillsborough County Diagnostic and Treatment Center in 1972 as a condition of his probation. Appellant is entitled to such credit, Johnson v. State, 334 So. 2d 334 (Fla.2d DCA 1976); his sentence must be corrected. Appellant need not be present for this purpose. HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.…
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- State v. Jones, 327 So. 2d 18 (Fla. 1976)