ARTHUR JOHN ORMANIAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ARTHUR JOHN ORMANIAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
366 So. 2d 498
Florida District Court of Appeal, Second District (1979)
Negative Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment of the trial court; However, we remand the case with directions that the trial court amend the sentence, awarding appellant credit for the time he spent in a state hospital as a mentally disordered sex offender. Section 917.218, Florida Statutes (1977); Hall v. State, 358 So. 2d 891 (Fla.2d DCA 1978). Appellant need not be present for this purpose.
GRIMES, C. J., and HOBSON and RYDER, JJ., concur.
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Doretha Pennington v. State, 398 So. 2d 815 (Fla. 1981)…obation revocation, is not required to credit a defendant with time served at a drug rehabilitation center where such was a condition of probation. This decision is contrary to the decisions of the Second District Court of Appeal in Graham v. State, 366 So. 2d 498 (Fla.2d DCA), appeal dismissed, 370 So. 2d 459 (Fla. 1979), and Johnson v. State, 334 So. 2d 334 (Fla.2d DCA 1976). We find direct conflict and have jurisdiction under article V, section 3(bX3), Florida Constitution (1972). We approve the instant de…1 / 3
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Stafford v. State, 380 So. 2d 538 (Fla. 5th DCA 1980)…e date the offender was convicted. Both the First and Second District'Courts of Appeal have held that under section 917.-218 credit should be given for time served in the program. Hall v. State, 358 So. 2d 891 (Fla. 2d DCA 1978); Ormanian v. State, 366 So. 2d 498 (Fla. 2d DCA 1979); Cawthorne v. State, 371 So. 2d 1099 (Fla. 1st DCA 1979). The term “custody of the state” is not defined in the statute. However, “custody” is used in section 917.19, Florida Statutes (1977): If the court finds that the defendan…
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Turner v. State, 395 So. 2d 1242 (Fla. 1st DCA 1981)…by Appellant is also without merit, and the order is, therefore, AFFIRMED. LARRY G. SMITH, and THOMPSON, JJ., concur. . Singleton v. State, 373 So. 2d 713 (Fla. 2nd DCA 1979); Barron v. State, 369 So. 2d 669 (Fla. 2nd DCA 1979); Graham v. State, 366 So. 2d 498 (Fla. 2nd DCA 1979); Johnson v. State, 334 So. 2d 334 (Fla. 2nd DCA 1979). . On August 27, 1980, the Supreme Court entered an order accepting jurisdiction of this case and dispensing with oral argument, Case No. 58,648. . See North Carolina v. Pea…
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- Hall v. State, 358 So. 2d 891 (Fla. 2d DCA 1978)