JOHN FOGELMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court remanded for resentencing to grant the appellant credit for time served in a mentally disordered sex offender program, which both the public defender and attorney general conceded the trial court erred in refusing.
A trial court must grant credit on a sentence for time served in a mentally disordered sex offender program.
[1] A trial court must grant credit on a sentence for time served in a mentally disordered sex offender program.
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Join FLexlaw to unlock all legal intelligenceAppellant Fogelman was sentenced and denied credit for time served in a mentally disordered sex offender program.…
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PER CURIAM.
Both the public defender and the attorney general agree that the trial court erred in refusing to give appellant credit on his sentence for time served in a mentally disordered sex offender program.
In view of the state’s concession as to the correctness of the public defender’s position and because it covers the only point on appeal, we remand for resentencing. We are disappointed that this cause actively continued to this most obvious final conclusion. In almost all civil cases, the opposing lawyers would have long since jointly dismissed an appeal such as this when both sides are in agreement. However, we recognize a major factor for privately retained attorneys is the justification of costs and attorneys fees to their clients. It would appear that for once the long suffering taxpayer, not to mention our overcrowded appellate docket, should have been given a break. In any event, we affirm the judgment and conviction, but remand for correction of the sentence by giving appellant credit for time spent in the mentally disordered sex offender program. Since defendant and the state are in agreement, we suggest the more economical approach would have been to present the matter to the trial court in the first instance. See Rule of Criminal Procedure 3.800.
LETTS, C. J., and DOWNEY and BERA-NEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Smith v. State, 619 So. 2d 994 (Fla. 3d DCA 1993)…Florida courts have held that a defendant should receive credit for time spent while receiving treatment in the mentally disordered sex offender program run by the Department of Health and Rehabilitative Services (HRS). See, e.g., Fogelman v. State, 410 So. 2d 564 (Fla. 4th DCA 1982); White v. State, 408 So. 2d 786 (Fla. 2d DCA 1982); Abraham v. State, 382 So. 2d 382 (Fla. 3d DCA 1980). However, this credit was pursuant to chapter 917, Florida Statutes, which was repealed by Laws 1985, chapter 85-62, § 71, ef…
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Baranko v. State, 516 So. 2d 332 (Fla. 1st DCA 1987)…opinion. MILLS and SHIVERS, JJ., concur. . Contrary to the state’s contention on appeal, appellant is not procedurally barred from seeking relief under rule 3.800(a). See Padgett v. State, 497 So. 2d 724 (Fla. 1st DCA 1986); and Fogelman v. State, 410 So. 2d 564 (Fla. 4th DCA 1982). Compare Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986).…
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Edwards v. State, 415 So. 2d 96 (Fla. 4th DCA 1982)…PER CURIAM. The parties have stipulated and we agree that this cause should be remanded for re-sentencing pursuant to our decision in Fogelman v. State, 410 So. 2d 564 (Fla. 4th DCA 1982). Accordingly, the sentence of the trial court is hereby vacated and this cause is remanded for further proceedings consistent herewith. ANSTEAD, BERANEK and HURLEY, JJ., concur.…
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