Heatherington v. State

COWART, Judge.

We have examined the record and find competent substantial evidence to support appellant’s conviction of delivery of phenobarbital and of conspiracy. State v. Dent, 322 So.2d 543 (Fla.1975); State v. Hubbard, 328 So.2d 465 (Fla. 2d DCA 1976).

The trial court placed the appellant on probation with a condition that he serve fifty-one weeks in jail without gain time or furlough. Appellant cites Depson v. State, 363 So.2d 43 (Fla. 1st DCA 1978), as holding that the exclusion of gain time was improper. Apparently Depson involved a straight time term of years, whereas the confinement…