Fogelman v. State, 81-1381
| Decision Date | 10 February 1982 |
| Docket Number | No. 81-1381,81-1381 |
| Citation | 410 So.2d 564 |
| Parties | John FOGELMAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Trela J. White, Asst. Atty. Gen., West Palm Beach, for appellee.
Both the public defender and the attorney general agree that the trial court erred in refusing to give appellant credit on his sentence for time served in a mentally disordered sex offender program.
In view of the state's concession as to the correctness of the public defender's position and because it covers the only point on appeal, we remand for resentencing. We are disappointed that this cause actively continued to this most obvious final conclusion. In almost all civil cases, the opposing lawyers would have long since jointly dismissed an appeal such as this when both sides are in agreement. However, we recognize a major factor for privately retained attorneys is the justification of costs and attorneys fees to their clients. It would appear that for once the long suffering taxpayer, not to mention our overcrowded appellate docket, should have been given a break.
In any event, we affirm the judgment and conviction, but remand for correction of the sentence by giving appellant credit for time spent in the mentally disordered sex offender program. Since defendant and the state are in agreement, we suggest the more economical approach would have been to present the matter to the trial court in the first instance. See Rule of Criminal Procedure 3.800.
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...barred from seeking relief under rule 3.800(a). See Padgett v. State, 497 So.2d 724 (Fla. 1st DCA 1986); and Fogelman v. State, 410 So.2d 564 (Fla. 4th DCA 1982). Compare Marsh v. State, 497 So.2d 954 (Fla. 1st DCA ...
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Smith v. State, 91-3002
...mentally disordered sex offender program run by the Department of Health and Rehabilitative Services (HRS). See, e.g., Fogelman v. State, 410 So.2d 564 (Fla. 4th DCA 1982); White v. State, 408 So.2d 786 (Fla. 2d DCA 1982); Abraham v. State, 382 So.2d 382 (Fla. 3d DCA 1980). However, this cr......
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Blackshear v. State, 81-1241
...for resentencing. In view of this, we remand for resentencing. Counsel are directed to the opinion of this Court in Fogelman v. State, 410 So.2d 564 (Fla. 4th DCA 1982). REMANDED FOR LETTS, C. J., and BERANEK and GLICKSTEIN, JJ., concur. ...
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Edwards v. State, 81-1688
...parties have stipulated and we agree that this cause should be remanded for resentencing pursuant to our decision in Fogelman v. State, 410 So.2d 564 (Fla. 4th DCA 1982). Accordingly, the sentence of the trial court is hereby vacated and this cause is remanded for further proceedings consis......