CHESTER CRAIG CAWTHORNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1979-06-19
No. LL-337
McCORD, C. J., and BOOTH and LARRY G. SMITH^ JJ., concur.
371 So. 2d 1099 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant urges he is entitled to credit for the time he spent in the state hospital under commitment as a mentally disordered sex offender. Section 917.218, Florida Statutes (1977). We agree that appellant is entitled to such credit. Hall v. State, 358 So. 2d 891 (Fla. 2d DCA 1978). Accordingly, the judgment is affirmed, but the cause is remanded with directions to give appellant credit for the time he spent in the mentally disordered sex offender program.

McCORD, C. J., and BOOTH and LARRY G. SMITH^ JJ., concur.


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  • Stafford v. State, 380 So. 2d 538 (Fla. 5th DCA 1980)
    …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 defendant is a mentally disordered sex offender, it shall commit…

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