Whitehead v. State, 95-2770
| Decision Date | 03 July 1996 |
| Docket Number | No. 95-2770,95-2770 |
| Citation | 677 So.2d 40 |
| Parties | 21 Fla. L. Weekly D1571, 21 Fla. L. Weekly D1671 Vincent WHITEHEAD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.
Appellant appeals the revocation of his probation and, in sentencing him, the trial court's failure to credit him with time served while participating in a drug program. The particular program at issue was a "drug farm" that appears to be in the nature of a "boot camp" operated by the sheriff. Appellant's revocation was based on his violating the program's rules. We affirm the revocation but remand for an evidentiary hearing on the credit question.
In being sentenced on revocation of probation, a probationer is entitled to credit for time served in county jail as a condition of the probation. § 921.161(1), Fla.Stat. (1995); Sims v. State, 369 So.2d 431 (Fla. 2d DCA 1979), cert. denied, 383 So.2d 1202 (Fla.1980). The Florida Supreme Court has determined that the term "county jail" in the statute is not limited to an institution formally designated as a "jail"; a detainee must be credited with any time spent in an institution serving as the functional equivalent of jail. Tal-Mason v. State, 515 So.2d 738, 740 (Fla.1987) (). The court distinguished Pennington v. State, 398 So.2d 815, 817 (Fla.1981), in which it had approved this court's opinion affirming a trial court order denying credit for time served as a condition of probation in a live-in drug rehabilitation program, recognizing that probationary conditions of this nature generally do not constitute a coercive deprivation of liberty. 515 So.2d at 739. See Smith v. State, 619 So.2d 994 (Fla. 3d DCA 1993) (). But see Cheney v. State, 640 So.2d 103 (Fla. 4th DCA 1994) ().
Although the record on appeal contains very little information about the drug farm program, not only is it operated by the sheriff, but the record suggests that the participants may be...
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...more specificity appellant's claim for credit for time served in the Turning Point. Precedent from this court such as Whitehead v. State, 677 So.2d 40 (Fla. 4th DCA 1996), mandates this result. I write separately, however, to suggest this line of cases may be at odds with the supreme court'......
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...held that a defendant could be credited with time served in a drug treatment facility as a condition of probation. Whitehead v. State, 677 So.2d 40 (Fla. 4th DCA 1996). See also Phillips v. State, 816 So.2d 1154 (Fla. 4th DCA 2002); Kamerman v. State, 765 So.2d 63 (Fla. 4th DCA 2000); Rasik......
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Columbro v. State, 5D00-3550.
...jail. This claim raises questions of fact requiring an evidentiary hearing and must be raised in a Rule 3.850 motion. Whitehead v. State, 677 So.2d 40 (Fla. 4th DCA 1996). See also Kamerman v. State, 765 So.2d 63 (Fla. 4th DCA 2000); Williams v. State, 711 So.2d 1369 (Fla. 4th DCA AFFIRMED.......
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Robinson v. State, 4D02-3005.
...Appellant is entitled to such credit. See § 921.161(1), Fla. Stat. (2000); Ivey v. State, 327 So.2d 219 (Fla.1976); Whitehead v. State, 677 So.2d 40 (Fla. 4th DCA 1996); Sharp v. State, 303 So.2d 56 (Fla. 4th DCA We note that the transcript of the plea colloquy filed by appellant in this Co......