RAFAEL GONZALEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
There is no merit in any of the defendant’s claims of error in his multiple convictions. The trial court, however, should have given Gonzalez credit for time served in the county jail from the date of his initial arrest until July 7, 1977, when he was committed to the state hospital as incompetent to stand trial. Cf. Dalton v. State, 362 So. 2d 457 (Fla. 4th DCA 1978), followed in Wallace v. State, 397 So. 2d 1175 (Fla. 3d DCA 1981) (defendant not entitled to credit for time in state hospital). After remand, the first of his consecutive sentences shall be amended to so provide. The defendant need not be present when this is accomplished.
Affirmed as modified.
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Mesa v. State, 421 So. 2d 186 (Fla. 3d DCA 1982)…PER CURIAM. Affirmed. Dalton v. State, 362 So. 2d 457 (Fla. 4th DCA 1978), followed in Wallace v. State, 397 So. 2d 1175 (Fla. 3d DCA 1981); see Gonzalez v. State, 410 So. 2d 657 (Fla. 3d DCA 1982).…
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Gonzalez v. State, 432 So. 2d 171 (Fla. 3d DCA 1983)…394 So. 2d 979 (Fla.1981); Green v. State, supra, is not properly presented by way of motion to vacate pursuant to Florida Rule of Criminal Procedure 3.850 because it could have been raised on the defendant’s direct [*172] appeal, Gonzalez v. State, 410 So. 2d 657 (Fla. 3d DCA 1982), but was not. Ashley v. State, 350 So. 2d 839 (Fla. 1st DCA 1977); see Alvord v. State, 396 So. 2d 184 (Fla.1981). The same fate befalling the defendant’s argument concerning an improper jury instruction, Brill v. State, 350 So. 2…
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Gonzalez v. State, 510 So. 2d 633 (Fla. 3d DCA 1987)…uct an evidentiary hearing; remanded); Gonzalez v. State, 476 So. 2d 329 (Fla. 3d DCA 1985) (affirming denial of motion upon remand). . We affirmed the convictions, with a modification of sentence to allow credit for time served. Gonzalez v. State, 410 So. 2d 657 (Fla. 3d DCA 1982).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dalton v. State, 362 So. 2d 457 (Fla. 4th DCA 1978)
- Wallace v. State, 397 So. 2d 1175 (Fla. 3d DCA 1981)
- Broward Cnty. v. R. W. Obermayr, D. D. S., P. A., 397 So. 2d 1175 (Fla. 4th DCA 1981)