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529 So. 2d 361

Docket No. 86-2986.

Mathews v. State

Dale Tyrone MATHEWS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 10, 1988.

District Court of Appeal of Florida · decided 1988-08-10

Cited by 10 later decisions — most recently July 1997

10 state decisions

Relies on 515 So. 2d 738 - Tal-Mason v. State · Braxton v. State · Butler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-08-10

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¶1*362 James Marion Moorman, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.

¶3LEHAN, Judge.

¶4We 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,'... .").

¶5We find no merit in defendant's other contention.

¶6Affirmed.

¶7CAMPBELL, C.J., and HALL, J., concur.

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