Kirouac v. State

DANAHY, Judge.

This is an appeal from the partial denial of a motion to correct appellant’s sentence filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We hold that appellant was entitled to credit for the entire period he was committed to the Division of Mental Health for treatment prior to sentencing; we therefore reverse.

Appellant was originally charged with and pled guilty to several charges of involuntary sexual battery. He was found to be a child molester within the purview of Chapter 801, Florida Statutes (1975) and was committed to the Department of Offender…