Fleurimond v. State

District Court of Appeal of Florida

Fleurimond v. State

857 So. 2d 1010, 2003 Fla. App. LEXIS 17103, 2003 WL 22658162

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 2003

DocketNo. 3D03-864

StatusPublished

This text of 857 So. 2d 1010 (Fleurimond v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleurimond v. State, 857 So. 2d 1010, 2003 Fla. App. LEXIS 17103, 2003 WL 22658162 (Fla. Ct. App. 2003).

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Opinion

CONFESSION OF ERROR

PER CURIAM.

This is an appeal from the denial of a 3.800 motion seeking additional credit for time served. Upon review of the record as supplemented by the defendant and of the state’s forthright agreement that his position is well taken, we conclude that Fleuri-mond should be awarded the following additional credits:

(a) 221 days in case no. 98-16350 (for a total of 780 days);

(b) 221 days in case no. 98-16484 (for a total of 780 days); and

(c) 113 days in case no. 98-40208 (for a total of 670 days).

See Tal-Mason v. State, 515 So.2d 738 (Fla.1987)(holding prisoner is entitled to jail-time credit for pre-conviction coercive detention in mental institution for incompetence to stand trial, since commitment was indistinguishable from pretrial detention in “jail”). It should be noted that the sentences imposed in these cases are concurrent both with each other and the sentence imposed in case no. F99-26350. Since Fleurimond has been awarded all the jail credit to which he is entitled in that case, the additional credit now awarded as to the three concurrent sentences will likely not affect his date of release.

Modified in part.

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CONFESSION OF ERROR

PER CURIAM.

This is an appeal from the denial of a 3.800 motion seeking additional credit for time served. Upon review of the record as supplemented by the defendant and of the state’s forthright agreement that his position is well taken, we conclude that Fleuri-mond should be awarded the following additional credits:

(a) 221 days in case no. 98-16350 (for a total of 780 days);

(b) 221 days in case no. 98-16484 (for a total of 780 days); and

(c) 113 days in case no. 98-40208 (for a total of 670 days).

See Tal-Mason v. State, 515 So.2d 738 (Fla.1987)(holding prisoner is entitled to jail-time credit for pre-conviction coercive detention in mental institution for incompetence to stand trial, since commitment was indistinguishable from pretrial detention in “jail”). It should be noted that the sentences imposed in these cases are concurrent both with each other and the sentence imposed in case no. F99-26350. Since Fleurimond has been awarded all the jail credit to which he is entitled in that case, the additional credit now awarded as to the three concurrent sentences will likely not affect his date of release.

Modified in part.

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Bluebook (online)

857 So. 2d 1010, 2003 Fla. App. LEXIS 17103, 2003 WL 22658162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleurimond-v-state-fladistctapp-2003.

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