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RIVERA v. STATE

No. 3D04-1330.

878 So.2d 502 (2004)

Josue RIVERA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 4, 2004.

Attorney(s) appearing for the Case

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.

PER CURIAM.

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

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