Opinion
No. 97-2142.
November 4, 1998.
An Appeal from the Circuit Court for Dade County; Martin Kahn, Judge.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Maya Saxena, Assistant Attorney General, for appellee.
Before NESBITT, GERSTEN and SHEVIN, JJ.
We affirm defendant's conviction. See State v. Law, 559 So.2d 187 (Fla. 1989); Hampton v. State, 549 So.2d 1059 (Fla. 4th DCA 1989). However, we reverse the order denying defendant's motion for credit for time served in a mental institution. Because a defendant's "preconviction detention in a mental institution for incompetence to stand trial . . . constitute[s] a coercive deprivation of liberty[,]" Tal-Mason v. State, 515 So.2d 738, 740 (Fla. 1987), the trial court must award jail-time credit for such detention. Id, Accordingly, defendant is entitled to jail-time credit for the time he was institutionalized. The cause is remanded to the court to recalculate defendant's jail-time credit.
Conviction affirmed; order on jail-time credit reversed; and cause remanded for proceedings consistent with this opinion.