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STATE v. TAL-MASON

No. 85-1754.

492 So.2d 1179 (1986)

STATE of Florida, Appellant, v. David TAL-MASON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 18, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard A. Belz, Supervising Atty., and Jeffrey M. Leukel, Certified Legal Intern of Florida Institutional Legal Services, Inc., Gainesville, for appellee.

PER CURIAM.

The lower court ruled that appellee was entitled to receive credit towards his sentence for time spent in custody of the Department of Health and Rehabilitative Services while adjudicated incompetent to stand trial. In so doing, the court found the jail-time credit statute, Section 921.161(1), Florida Statutes (1983) to violate the equal protection and due process clauses of the state and federal constitutions. The supreme court has previously ruled on...

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