MOLINA V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 OSCAR E. MOLINA, IV, Appellant, ** ** vs. ** CASE NO. 3D03-1076 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 99-959 Appellee. ** Opinion filed March 17, 2004. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Monroe County, Mark Jones, Judge. Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant. Charles J. Crist, Jr. and Fredericka Sands, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and COPE and SHEPHERD, JJ. PER CURIAM. We agree that the defendant was not entitled to credit for time served in an in-patient drug treatment program as required as a condition of his probation. Pennington v. State, 398 So. 2d 815 (Fla. 1981); Smith v. State, 849 So. 2d 409 (Fla. 4th DCA 2003); Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002). Affirmed.
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