Cregan v. State, 4D04-1180.
| Decision Date | 07 July 2004 |
| Docket Number | No. 4D04-1180.,4D04-1180. |
| Citation | 884 So.2d 127 |
| Parties | Sean E. CREGAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Sean E. Cregan, Raiford, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie A. Dale, Assistant Attorney General, West Palm Beach, for appellee.
Sean Cregan appeals a trial court order summarily denying his rule 3.850 motion for postconviction relief, in which he sought credit for time served at Turning Point Bridge, a drug treatment program. Cregan sought credit for this time against the sentence he faced for violation of community control.
In summarily denying postconviction relief, the trial court found that there was no pretrial detention order issued and no involuntary or coercive deprivation of liberty in this case. The court cited decisions from this court and another concerning claims for credit for house arrest time served, and recognizing that a court may deny credit for jail time served on community control. See Licata v. State, 788 So.2d 1063 (Fla. 4th DCA 2001); Chancey v. State, 614 So.2d 18 (Fla. 4th DCA 1993).
Here, the court did not appear to exercise its discretion to deny credit for the Turning Point Bridge drug program. Rather, it appears that the trial court denied credit as a matter of law, and did so summarily, without affording Cregan an evidentiary hearing on the issue of whether the drug program qualified him for credit against his subsequent sentence for violation of community control. We reverse and remand for an evidentiary hearing or record attachments conclusively showing no entitlement to relief on this claim. See Johnson v. State, 830 So.2d 194 (Fla. 4th DCA 2002)(certifying conflict with Toney v. State, 817 So.2d 924 (Fla. 2d DCA 2002)); see also Kamerman v. State, 765 So.2d 63 (Fla. 4th DCA 2000). In addition to certifying conflict with Toney once more, we also certify conflict with Molina v. State, 867 So.2d 645 (Fla. 3d DCA 2004), which recently adopted Toney.
REVERSED and REMANDED.
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Hamilton v. State
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...spent in a drug rehabilitation facility as a condition of community control. The district court below held it could, Cregan v. State, 884 So.2d 127, 128 (Fla. 4th DCA 2004), but certified conflict with two district courts that held it could not. See Molina v. State, 867 So.2d 645 (Fla. 3d D......
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Comer v. State
...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 (......
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Carrier v. State, 4D05-2535.
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