LaLonde v. State, 4D06-3229.

Decision Date15 November 2006
Docket NumberNo. 4D06-3229.,4D06-3229.
Citation941 So.2d 586
PartiesKimberly LaLONDE, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Kimberly LaLonde, Fort Lauderdale, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The appellant, Kimberly LaLonde, appeals the trial court's order denying her rule 3.800(a) motion to correct illegal sentence, alleging that she has not received the appropriate credit for time served. We affirm in part and reverse in part. Appellant alleges that she was required, as a condition of community control, to enter into a drug and alcohol treatment facility. Appellant is entitled to credit for time spent in jail awaiting placement into a drug treatment facility imposed as a condition of probation or community control. Barnishin v. State, 927 So.2d 68, 71 (Fla. 1st DCA 2006), rev. dismissed, 939 So.2d 1057 (Fla.2006); Scott v. State, 805 So.2d 926, 927 (Fla. 2d DCA 2001). Accordingly, we reverse the trial court's order and remand for the trial court to grant the appellant credit for the time spent in jail while waiting for placement into the drug treatment facility.

POLEN, FARMER and MAY, JJ., concur.

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5 cases
  • Shakir v. State Of Fla.
    • United States
    • Florida District Court of Appeals
    • 7 Julio 2010
    ...for time spent in jail awaiting placement into a drug treatment facility imposed as a condition of probation.” LaLonde v. State, 941 So.2d 586, 587 (Fla. 4th DCA 2006). Appellant alleged a prima facie claim for this credit by stating the date range during which he was in the county jail aft......
  • Grant v. State , 1D11–1346.
    • United States
    • Florida District Court of Appeals
    • 30 Diciembre 2011
    ...in jail awaiting placement into a drug treatment facility imposed as a condition of probation or community control.” LaLonde v. State, 941 So.2d 586, 587 (Fla. 4th DCA 2006); see also Barnishin v. State, 927 So.2d 68, 71 (Fla. 1st DCA 2006) (citing Truette v. State, 914 So.2d 1074, 1074) (“......
  • MacNeill v. State, No. 1D19-4318
    • United States
    • Florida District Court of Appeals
    • 19 Agosto 2020
    ...condition of probation or community control.’ " Grant v. State , 76 So. 3d 1119, 1120 (Fla. 1st DCA 2011) (quoting LaLonde v. State , 941 So. 2d 586, 587 (Fla. 4th DCA 2006) ). While the lower court's explanation of the law as to the issue addressed was correct, it did not attach any docume......
  • Waller v. State, 4D16–1268.
    • United States
    • Florida District Court of Appeals
    • 21 Septiembre 2016
    ...farm program. He is entitled to credit for time served in jail while awaiting placement in the treatment program. LaLonde v. State, 941 So.2d 586, 587 (Fla. 4th DCA 2006). Because an evidentiary hearing may be needed to resolve this issue, we reverse and remand for further proceedings.WARNE......
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