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Mathews v. StateMathews v. State

District Court of Appeal of Florida
Aug 10, 1988
86-2986
Versions:529 So. 2d 361
1988 WL 82678

LEHAN, Judge.

We affirm the trial court‘s denial of defendant‘s motion to clarify or correct his sentence and give him credit for time served while on community control. We do not agree with defendant‘s contention on appeal which is to the effect that community control is the functional equivalent of jail. Butler v. State, 530 So.2d 324 (Fla. 5th DCA 1988). See Braxton v. State, 524 So.2d 1141 (Fla. 2d DCA 1988) (“[W]e do not equate community control with incarceration.“). Compare Tal-Mason v. State, 515 So.2d 738, 739 (Fla. 1987) (“[C]oercive commitment to a state [mental] institution was indistinguishable from pretrial detention in a `jail,‘... .“).

We find no merit in defendant‘s other contention.

Affirmed.

CAMPBELL, C.J., and HALL, J., concur.

Case Details

Case Name: Mathews v. State
Court Name: District Court of Appeal of Florida
Date Published: Aug 10, 1988
Citations: 529 So. 2d 361; 1988 WL 82678; 86-2986
Docket Number: 86-2986
Court Abbreviation: Fla. Dist. Ct. App.
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