MAXIM BEN SHMUEL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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COPE, Judge.
Defendant-appellant Max Ben Shmuel appeals an order denying, in part, his motion for credit for time served. We agree with the trial court that defendant was not entitled to credit for time served on house arrest, Fernandez v. State, 627 So. 2d 1, 2 (Fla. 3d DCA 1993), or for defendant’s pretrial stay in a private mental hospital, which was arranged and paid for by defendant. Roberts v. State, 622 So. 2d 628, 629-30 (Fla. 1st DCA 1993).
We conclude, however, that defendant is entitled to credit for time served in Ward D at Jackson Memorial Hospital, where he was held for certain mental evaluations. It is the court’s understanding that Ward D serves as the medical unit for the Dade County Jail, and accordingly time served there should be treated as jail time. We remand for calculation of time served in Ward D.
Affirmed in part, reversed in part, and remanded.
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Williamson v. State, 765 So. 2d 89 (Fla. 1st DCA 2000)…jail credit, for the majority of the time he sets forth in his motion. He is not entitled to credit for time spent on house arrest nor in a drug rehabilitation program. See, e.g., Pennington v. State, 398 So. 2d 815, 817 (Fla.1981); Shmuel v. State, 691 So. 2d 1149, 1150 (Fla. 3d DCA 1997). Nevertheless, we are unable to determine from the record before us whether, as Williamson maintains, he may be entitled to additional credit for time spent awaiting sentencing after being arrested for violation of probation…
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Huskins v. State, 770 So. 2d 255 (Fla. 1st DCA 2000)…PER CURIAM. AFFIRMED. See Myers v. State, 761 So. 2d 485 (Fla. 5th DCA 2000); Shmuel v. State, 691 So. 2d 1149 (Fla. 3d DCA 1997). JOANOS, WEBSTER and PADOVANO, JJ., CONCUR.…
Authorities Cited
- Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993)
- Roberts v. State, 622 So. 2d 628 (Fla. 1st DCA 1993)