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Tennell v. State

District Court of Appeal of Florida, Second District
Feb 28, 2001
787 So. 2d 65 (Fla. Dist. Ct. App. 2001)

Summary

granting credit for time served in a live-in drug treatment center because it was the "functional equivalent of jail"

Summary of this case from Maniccia v. State

Opinion

No. 2D00-4048.

Opinion filed February 28, 2001.

Appeal pursuant to Fla.R.App.P.9.141(b)(2) from the Circuit Court for Pinellas County; John A. Schaefer, Judge.


Robert Tennell appeals the trial court's order summarily denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

In his motion, Tennell claimed he was entitled to credit against his prison sentence for time served in a drug treatment center as a condition of community control. A defendant is generally not entitled to jail credit for time spent in a live-in treatment center. See Young v. State, 754 So.2d 128 (Fla. 2d DCA 2000). However, a defendant is entitled to credit where the live-in treatment center is the functional equivalent of jail. See Hill v. State, 754 So.2d 788 (Fla. 2d DCA 2000). Tennell presented a facially sufficient claim detailing that the drug treatment center in which he was required to reside was the functional equivalent of jail. On remand, if the trial court again denies Tennell's motion without an evidentiary hearing, it shall attach those portions of the record conclusively demonstrating that appellant is not entitled to relief.

Reversed and Remanded.

NORTHCUTT, A.C.J., and CASANUEVA, J., and CAMPBELL, MONTEREY,(Senior) Judge, Concur.


Summaries of

Tennell v. State

District Court of Appeal of Florida, Second District
Feb 28, 2001
787 So. 2d 65 (Fla. Dist. Ct. App. 2001)

granting credit for time served in a live-in drug treatment center because it was the "functional equivalent of jail"

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

Tennell v. State

Case Details

Full title:ROBERT TENNELL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 28, 2001

Citations

787 So. 2d 65 (Fla. Dist. Ct. App. 2001)

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