WILLIAM CUFFY
v.
STATE OF FLORIDA
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When a defendant is found incompetent to stand trial and confined in a mental institution, the trial court must enter a written nunc pro tunc adjudication of its competency determination and must award jail credit for time served in the mental institution as the functional equivalent of incarceration.
[1] Time spent in custody in a mental institution while a defendant is incompetent to stand trial constitutes confinement serving as the functional equivalent of incarceratio…
[2] A trial court's adjudication of a defendant's competency to stand trial must be memorialized in a written order, which may be entered nunc pro tunc if necessary.
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Join FLexlaw to unlock all legal intelligence“detainees must be granted credit for time served prior to conviction in any institution serving as the functional equivalent of a county jail.”
The court cited Tal-Mason v. State for the proposition that confinement in a state mental hospital in preparation for trial is equivalent to incarceration and must receive jail credit.
William Cuffy was convicted and sentenced. He appealed his conviction and sentence raising four issues. The State conceded two of the issues on appeal…
The full statement of facts, procedural history, and disposition for this case are member content.
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conviction in any institution serving as the functional equivalent of a county jail.”).
AFFIRMED and REVERSED and REMANDED with instructions and for further proceedings.
MAKAR, OSTERHAUS, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender, and Steven L. Seliger and M.J. Lord, Assistant Public Defenders, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha Rae Herrera, Assistant Attorney General, Tallahassee, for Appellee.