CUFFY v. STATE (2019)

William Cuffy appeals his conviction and sentence, raising four issues. We affirm as to two of them, but upon the State's concession, reverse and remand on the remaining two. First, we remand for the trial court to enter a written adjudication nunc pro tunc of its competency determination. See Merriell v. State, 169 So. 3d 1287, 1289 (Fla. 1st DCA 2015). Second, we reverse and remand for resentencing, requiring that the trial court determine the amount of jail credit to which Cuffy is due for the time he was in custody in a mental institution while incompetent to stand trial. See Tal-Mason v. State, 515 So. 2d 738, 739-40 (Fla. 1987) (no difference between incarceration in jail and a state enforced confinement in a mental hospital in preparation of trial, and as such, detainees “must be granted credit for time served prior to conviction in any institution serving as the functional equivalent of a county jail.”).

Affirmed and Reversed and Remanded with instructions and for further proceedings.

Per Curiam.

Makar, Osterhaus, and Bilbrey, JJ., Concur.