Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided February 5, 2010No. 2D09-1852Published

1Opinion of the Court

WALLACE, Judge.

Todd Matthew Clark appeals the denial of his motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). In his motion, Mr. Clark sought jail credit for the time that he spent first in the secure lockdown unit of a psychiatric hospital and later in a nonse-cure drug treatment facility. Mr. Clark was ordered to both of these facilities after his arrest but before any determination of guilt. Because Mr. Clark’s time in the secure facility was the functional equivalent of jail and a coercive deprivation of liberty, we conclude that the…

2Cases cited3 opinions

  1. Tal-Mason v. StateSupreme Court of Florida · 1987
  2. State v. MacKleySupreme Court of Kansas · 1976
  3. Maniccia v. StateDistrict Court of Appeal of Florida · 2006

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