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410 So. 2d 657

Docket No. 80-2364.

Gonzalez v. State

Rafael GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1982-03-09

Cited by 5 later decisions — most recently July 1987

5 state decisions

Relies on Dalton v. State · 397 So. 2d 1175 - Broward County v. Obermayr

Good law ✅— No negative treatment on recordhow we know

Decided 1982-03-09

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¶1Pollack, Komorowski & Headley and John Lipinski, Miami, for appellant.

¶2Jim Smith, Atty. Gen., and Theda R. James, Asst. Atty. Gen., for appellee.

¶3Before BARKDULL, SCHWARTZ and JORGENSON, JJ.

¶4PER CURIAM.

¶5There 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.

¶6Affirmed as modified.

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