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GARDNER v. STATE

No. 3D06-519.

941 So.2d 474 (2006)

Anthony GARDNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 1, 2006.

Attorney(s) appearing for the Case

Anthony Gardner, in proper person.

Charles J. Crist, Jr., Attorney General, and Jennifer Falcone Moore, Assistant Attorney General, for appellee.

Before WELLS, CORTIÑAS, and ROTHENBERG, JJ.

ROTHENBERG, Judge.

The defendant, Anthony Gardner ("Gardner"), appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which Gardner sought jail time credit for time spent in a residential drug treatment program while on probation and as a special condition to his probation. We affirm.

Section 921.161(1), Florida Statutes (2005), provides:

A sentence of imprisonment shall not begin...

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