Bracey v. State, s. HH-448
| Decision Date | 16 March 1978 |
| Docket Number | HH-449,Nos. HH-448,s. HH-448 |
| Parties | Stephen BRACEY, Appellant, v. STATE of Florida, Appellee. Danny Lee COCHRAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellants.
Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.
Appellants entered pleas of guilty to offense of making or uttering a false prescription, contrary to Section 893.13(3)(a), Florida Statutes (1975). Appellants were adjudicated guilty of the offense. Imposition of sentence was withheld and appellants were placed on probation for a period of five years. As a condition of probation, Bracey was ordered to spend nine (9) months in county jail, whereas Cochran was ordered to spend eleven (11) months and twenty-nine (29) days in county jail. Appellants urge the trial court erred by not allowing appellants credit for time spent in county jail prior to entry of the order of probation.
Section 921.161(1), Florida Statutes (1975), provides:
Under Section 948.01(3), Florida Statutes (1975), the trial court is authorized to stay and withhold imposition of sentence, and place a defendant on probation. The court may, as a condition of probation, order that the defendant spend a specified period of time in jail. Section 948.03, Florida Statutes (1975). State v. Jones, 327 So.2d 18 (Fla.1976).
We do not believe Section 921.161(1), Florida Statutes (1975), is applicable in the present situation. The order of probation does not constitute an imposition of sentence necessitating applicability of Section 921.161(1).
Accordingly, the trial court did not err in refusing to allow credit for time served against the jail term imposed as a condition of probation.
The judgments and sentences are AFFIRMED.
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...1354 (Fla. 5th DCA 1980); Adams v. State, 387 So.2d 498 (Fla. 5th DCA 1980). The First District Court of Appeal held in Bracey v. State, 356 So.2d 72 (Fla. 1st DCA 1978), that jail time as a condition of probation was not a "sentencing" which requires credit for prior time served (section 9......
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