Opinion
Case No. 3D04-1330.
August 4, 2004.
An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Jose Rodriguez, Judge, Lower Tribunal No. 98-34669.
Josue Rivera, in proper person.
Charles J. Crist, Jr., Attorney General, and Meredith J. Balo, Assistant Attorney General, for appellee.
Before GREEN, RAMIREZ, and SHEPHERD, JJ.
Because appellant's time spent at a residential drug treatment program is not equivalent to incarceration, the trial court properly denied his motion for additional credit for time served.See Pennington v. State, 398 So.2d 815 (Fla. 1981). See also Toney v. State, 817 So.2d 924 (Fla. 2d DCA 2002);Taylor v. State, 726 So.2d 348 (Fla. 3d DCA 1999) Self v. State, 504 So.2d 810 (Fla. 2d DCA 1987).
Affirmed.