Mathews v. State, 86-2986

Decision Date10 August 1988
Docket NumberNo. 86-2986,86-2986
Citation13 Fla. L. Weekly 1921,529 So.2d 361
Parties13 Fla. L. Weekly 1921 Dale Tyrone MATHEWS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

James Marion Moorman, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

We affirm the trial court's denial of defendant's motion to clarify or correct his sentence and give him credit for time served while on community control. We do not agree with defendant's contention on appeal which is to the effect that community control is the functional equivalent of jail. Butler v. State, 530 So.2d 324 (Fla. 5th DCA 1988). See Braxton v. State, 524 So.2d 1141 (Fla. 2d DCA 1988) ("[W]e do not equate community control with incarceration."). Compare Tal-Mason v. State, 515 So.2d 738, 739 (Fla.1987) ("[C]oercive commitment to a state [mental] institution was indistinguishable from pretrial detention in a 'jail,'....").

We find no merit in defendant's other contention.

Affirmed.

CAMPBELL, C.J., and HALL, J., concur.

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11 cases
  • Ogden v. State, 92-19
    • United States
    • Florida District Court of Appeals
    • September 11, 1992
    ...2d DCA 1991); Swain v. State, 553 So.2d 1331 (Fla. 1st DCA 1989); State v. Arnold, 550 So.2d 154 (Fla. 5th DCA 1989); Mathews v. State, 529 So.2d 361 (Fla. 2d DCA 1988). However, as we have pointed out, this general rule has now been modified by Fraser v. State, which held that a defendant ......
  • Zapo v. Gilreath, 5D00-1888.
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    • Florida District Court of Appeals
    • March 16, 2001
    ... ... Ferguson v. State, 377 So.2d 709, 711 (Fla.1979); Alachua County v. Powers, 351 So.2d 32, 40 (Fla.1977). The doctrine ... ...
  • State v. Arnold
    • United States
    • Florida District Court of Appeals
    • October 19, 1989
    ...credit for time served on community control is without merit. Braxton v. State, 524 So.2d 1141 (Fla. 2d DCA 1988); Mathews v. State, 529 So.2d 361 (Fla. 2d DCA 1988); Butler v. State, 530 So.2d 324 (Fla. 5th DCA 1988), reversed on other grounds, 547 So.2d 925 (Fla.1989). See also Interest o......
  • Swain v. State
    • United States
    • Florida District Court of Appeals
    • December 15, 1989
    ...and the state, thereby involving choice and a freer, less restrictive environment than jail or prison. See also Mathews v. State, 529 So.2d 361, 362 (Fla. 2d DCA 1988), holding that community control is not the functional equivalent of jail for purposes of credit for time served. Although t......
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