Heatherington v. State, 79-811
| Decision Date | 15 October 1980 |
| Docket Number | No. 79-811,79-811 |
| Parties | Ricky Thomas HEATHERINGTON, Appellant, v. STATE of Florida, Appellee. /T4-493. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Frank B. Kessler, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Phillip D. Havens, Asst. Atty. Gen., Daytona Beach, for appellee.
We have examined the record and find competent substantial evidence to support appellant's conviction of delivery of phenobarbital and of conspiracy. State v. Dent, 322 So.2d 543 (Fla.1975); State v. Hubbard, 328 So.2d 465 (Fla. 2d DCA 1976).
The trial court placed the appellant on probation with a condition that he serve fifty-one weeks in jail without gain time or furlough. Appellant cites Depson v. State, 363 So.2d 43 (Fla. 1st DCA 1978), as holding that the exclusion of gain time was improper. Apparently Depson involved a straight time term of years, whereas the confinement here was as a condition of probation. Adams v. State, 387 So.2d 498 (Fla. 5th DCA 1980), holds that confinement as a condition of probation is not a sentence within the meaning of the statute, section 951.21(1), Florida Statutes (1979), providing statutory gain time for a county prisoner.
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Van Tassel v. Coffman, 68037
...like this because a probation order is not a "sentence." William v. Lamar, 414 So.2d 1179 (Fla. 5th DCA 1982); Heatherington v. State, 388 So.2d 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......
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William v. Lamar, 82-542
... ... not apply to incarceration as a condition of probation, as it is not a "sentence." Heatherington v. State, 388 So.2d 1354 (Fla ... 5th DCA 1980); Adams v. State, 387 So.2d 498 (Fla. 5th DCA ... ...