          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                         No. 1D18-1715
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WILLIAM CUFFY,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Leon County.
Robert R. Wheeler, Judge.

                         October 11, 2019


PER CURIAM.

     William Cuffy appeals his conviction and sentence, raising
four issues. We affirm as to two of them, but upon the State’s
concession, reverse and remand on the remaining two. First, we
remand for the trial court to enter a written adjudication nunc pro
tunc of its competency determination. See Merriell v. State, 169 So.
3d 1287, 1289 (Fla. 1st DCA 2015). Second, we reverse and remand
for resentencing, requiring that the trial court determine the
amount of jail credit to which Cuffy is due for the time he was in
custody in a mental institution while incompetent to stand trial.
See Tal-Mason v. State, 515 So. 2d 738, 739-40 (Fla. 1987) (no
difference between incarceration in jail and a state enforced
confinement in a mental hospital in preparation of trial, and as
such, detainees “must be granted credit for time served prior to
conviction in any institution serving as the functional equivalent
of a county jail.”).

    AFFIRMED and REVERSED and REMANDED with instructions
and for further proceedings.

MAKAR, OSTERHAUS, and BILBREY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, and Steven L. Seliger and M.J.
Lord, Assistant Public Defenders, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Tabitha Rae Herrera,
Assistant Attorney General, Tallahassee, for Appellee.




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