LEROY M. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant is entitled to credit for time spent in the state hospital under commitment as a mentally disordered sex offender.
Appellant pled guilty to second degree murder and was committed to a state hospital as a mentally disordered sex offender. Upon return for sentencing,…
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PER CURIAM.
On this appeal Leroy Hall seeks credit for the time he spent in the state hospital at Chattahoochee under commitment as a mentally disordered sex offender. We hold he is entitled thereto and remand for correction of his sentence.
Appellant was originally charged with first degree murder. On May 7, 1973, pursuant to a plea bargain, he pled guilty to the lesser-included offense of second degree murder. Under the plea bargain, he was to be committed to the state hospital as a mentally disordered sex offender. Appellant was committed to the state hospital, but was subsequently returned and brought before the court for sentencing on August 16, 1977. At sentencing the trial court refused to give him credit for the time he spent in the state hospital.
Section 917.218, Florida Statutes (1977) (Chapter 77-312, Section 24, Laws of Florida), which became effective July 1, 1977, provides:
All time spent in the formal custody of the state and in admission procedure by an offender in the mentally disordered sex offender program shall be considered credit for time served for any sentence imposed on the sex offense or attempted sex offense committed prior to the date the offender was convicted.
Because this statute was in effect at the time of appellant’s sentencing, appellant is entitled to the benefit of it. See Hamilton v. State, 306 So. 2d 600 (Fla.2d DCA 1975).
We find appellant’s other point to be without merit. 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.
BOARDMAN, C. J., and HOBSON and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979)…h DCA 1975). While statutory changes in the law are normally presumed to apply prospectively, procedural changes are to be applied to pending cases. Heilmann v. State, 310 So. 2d 376 (Fla.2d DCA 1975); McShay v. State, supra. See also Hall v. State, 358 So. 2d 891 (Fla.2d DCA 1978); Hamilton v. State, 306 So. 2d 600 (Fla.2d DCA 1975). The trial court’s failure to comply with the requirements of Section 39.111(6) [*558] cannot be deemed harmless in the instant case. The trial court failed to justify its decis…
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Stafford v. State, 380 So. 2d 538 (Fla. 5th DCA 1980)…ffender or attempted sex offense committed prior to the 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…
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McGUIRK v. State, 382 So. 2d 1235 (Fla. 2d DCA 1980)…ntends that the court should have given him credit for the period of time he was in custody pursuant to his commitment as a mentally disordered sex offender under Chapter 917. We agree. Section 917.014(1), Florida Statutes (1979). See Hall v. State, 358 So. 2d 891 (Fla. 2d DCA 1978). Accordingly, we affirm the judgment but remand the cause with directions that the court give appellant credit for the time he spent in the mentally disordered sex offender program. SCHEB and RYDER, JJ., concur.…
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- Hamilton v. State, 306 So. 2d 600 (Fla. 2d DCA 1975)