From Casetext: Smarter Legal Research

Cregan v. State

District Court of Appeal of Florida, Fourth District
Jul 7, 2004
884 So. 2d 127 (Fla. Dist. Ct. App. 2004)

Summary

In Cregan v. State, 884 So. 2d 127, 128 (Fla. 4th DCA 2004), rev. granted 889 So. 2d 72 (Fla. 2005), this court considered an appellant's request for credit against his sentence for violation of community control for time served in a drug treatment program.

Summary of this case from Comer v. State

Opinion

No. 4D04-1180.

July 7, 2004.

Appeal from the Seventeenth Judicial Circuit Court, Broward County, Cynthia G. Imperato, J.

Sean E. Cregan, Raiford, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie A. Dale, Assistant Attorney General, West Palm Beach, for appellee.


Sean Cregan appeals a trial court order summarily denying his rule 3.850 motion for postconviction relief, in which he sought credit for time served at Turning Point Bridge, a drug treatment program. Cregan sought credit for this time against the sentence he faced for violation of community control.

In summarily denying postconviction relief, the trial court found that there was no pretrial detention order issued and no involuntary or coercive deprivation of liberty in this case. The court cited decisions from this court and another concerning claims for credit for house arrest time served, and recognizing that a court may deny credit for jail time served on community control. See Licata v. State, 788 So.2d 1063 (Fla. 4th DCA 2001); Chancey v. State, 614 So.2d 18 (Fla. 4th DCA 1993).

Here, the court did not appear to exercise its discretion to deny credit for the Turning Point Bridge drug program. Rather, it appears that the trial court denied credit as a matter of law, and did so summarily, without affording Cregan an evidentiary hearing on the issue of whether the drug program qualified him for credit against his subsequent sentence for violation of community control. We reverse and remand for an evidentiary hearing or record attachments conclusively showing no entitlement to relief on this claim. See Johnson v. State, 830 So.2d 194 (Fla. 4th DCA 2002) (certifying conflict with Toney v. State, 817 So.2d 924 (Fla. 2d DCA 2002)); see also Kamerman v. State, 765 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 Toney.

REVERSED and REMANDED.

POLEN, STEVENSON and GROSS, JJ., concur.


Summaries of

Cregan v. State

District Court of Appeal of Florida, Fourth District
Jul 7, 2004
884 So. 2d 127 (Fla. Dist. Ct. App. 2004)

In Cregan v. State, 884 So. 2d 127, 128 (Fla. 4th DCA 2004), rev. granted 889 So. 2d 72 (Fla. 2005), this court considered an appellant's request for credit against his sentence for violation of community control for time served in a drug treatment program.

Summary of this case from Comer v. State
Case details for

Cregan v. State

Case Details

Full title:Sean E. CREGAN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 7, 2004

Citations

884 So. 2d 127 (Fla. Dist. Ct. App. 2004)

Citing Cases

State v. Cregan

We must decide whether a court may grant jail-time credit for time spent in a drug rehabilitation facility as…

State v. Cregan

January 10, 2005. Appeal from the 4th DCA 884 So.2d 127. Decision without published opinion. Rev.…