Molina v. State

Full title: OSCAR E. MOLINA, IV, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 17, 2004

867 So. 2d 645 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-1076.

Opinion filed March 17, 2004.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Monroe County, Lower Tribunal No. 99-959, Mark Jones, Judge.

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.

PER CURIAM.

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.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.