449 So. 2d 1311 | Fla. Dist. Ct. App. | 1984
Anderson’s probation was revoked for his failure to return to the Probation and Restitution Center in Duval County after being permitted to go to St. Augustine to seek employment. Anderson appeals from the order of revocation contending the court erred by failing to give him credit for time served at the probation center.
Section 921.161(1), Florida Statutes (1983) requires that a defendant be credited for time spent “[i]n the county jail before sentencing.” In Pennington v. State, 398 So.2d 815, 817 (Fla.1981), the supreme court refused to extend the “plain language” of section 921.161(1) to require sentence credit for probationary order restrictive conditions including time spent in “halfway houses, rehabilitative centers, and state hospitals.” The court explained that the purpose of these centers is structured rehabilitation and treatment, not incarceration.
Here, Anderson has not shown that the Center is anything but a halfway house or rehabilitative center. Therefore, we affirm the conviction and sentence.
AFFIRMED.
. Pennington appears to reject Sims v. State, 369 So.2d 431 (Fla. 2d DCA 1979) wherein the Second District held that a defendant is entitled to credit for any time during which he is incarcerated as a condition of probation. The court