Molina v. State, 3D03-1076.
| Decision Date | 17 March 2004 |
| Docket Number | No. 3D03-1076.,3D03-1076. |
| Citation | 867 So.2d 645 |
| Parties | Oscar E. MOLINA, IV, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant.
Charles J. Crist, Jr. and Fredericka Sands, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and COPE and SHEPHERD, JJ.
We agree that the defendant was not entitled to credit for time served in an in-patient drug treatment program as required as a condition of his probation. Pennington v. State, 398 So.2d 815 (Fla. 1981); Smith v. State, 849 So.2d 409 (Fla. 4th DCA 2003); Toney v. State, 817 So.2d 924 (Fla. 2d DCA 2002).
Affirmed.
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6 cases
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Hamilton v. State
...treatment if the conditions at the facility are the functional equivalent of incarceration. 817 So.2d at 926; accord Molina v. State, 867 So.2d 645 (Fla. 3d DCA 2004). The Supreme Court of Florida has expressly ruled that probationary drug treatment is rehabilitative, non-coercive, and does......
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State v. Cregan
...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 DCA 2004); Toney v. State, 817 So.2d 924 (Fla. 2d DCA 2002). We have jurisdiction to resolve the certified conflict. See art. V, § 3(b)......
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Comer v. State
...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 (Fla. 3d DCA 2004). The supreme court held that "a defendant who violates the conditions of community control cannot be given credit against ......
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Cregan v. State, 4D04-1180.
...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 REVERSED and REMANDED. POLEN, STEVENSON and GROSS, JJ., concur. ...
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