Quintanal v. State

District Court of Appeal of Florida

Quintanal v. State

719 So. 2d 1030, 1998 Fla. App. LEXIS 13911, 1998 WL 771267

CourtDistrict Court of Appeal of Florida

DecidedNovember 4, 1998

DocketNo. 97-2142

StatusPublished

This text of 719 So. 2d 1030 (Quintanal 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

Quintanal v. State, 719 So. 2d 1030, 1998 Fla. App. LEXIS 13911, 1998 WL 771267 (Fla. Ct. App. 1998).

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Opinion

SHEVIN, Judge.

We affirm defendant’s conviction. See State v. Law, 559 So.2d 187 (Fla.1989); Hampton v. State, 549 So.2d 1059 (Fla. 4th DCA 1989). However, we reverse the order denying defendant’s motion for credit for time served in a mental institution. Because a defendant’s “preconviction detention in a mental institution for incompetence to stand trial ... constitute^] a coercive deprivation of liberty[,]” Tal-Mason v. State, 515 So.2d 738, 740 (Fla.1987), the trial court must award jail-time credit for such detention. Id. Accordingly, defendant is entitled to jail-time credit for the time he was institutionalized. The cause is remanded to the court to recalculate defendant’s jail-time credit.

Conviction affirmed; order on jail-time credit reversed; and cause remanded for proceedings consistent with this opinion.

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SHEVIN, Judge.

We affirm defendant’s conviction. See State v. Law, 559 So.2d 187 (Fla.1989); Hampton v. State, 549 So.2d 1059 (Fla. 4th DCA 1989). However, we reverse the order denying defendant’s motion for credit for time served in a mental institution. Because a defendant’s “preconviction detention in a mental institution for incompetence to stand trial ... constitute^] a coercive deprivation of liberty[,]” Tal-Mason v. State, 515 So.2d 738, 740 (Fla.1987), the trial court must award jail-time credit for such detention. Id. Accordingly, defendant is entitled to jail-time credit for the time he was institutionalized. The cause is remanded to the court to recalculate defendant’s jail-time credit.

Conviction affirmed; order on jail-time credit reversed; and cause remanded for proceedings consistent with this opinion.

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Bluebook (online)

719 So. 2d 1030, 1998 Fla. App. LEXIS 13911, 1998 WL 771267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quintanal-v-state-fladistctapp-1998.

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