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Graham v. State

District Court of Appeal of Florida, Third District
Feb 16, 1982
409 So. 2d 1168 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-787.

February 16, 1982.

Appeal from Circuit Court, Dade County; James C. Henderson, Judge.

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and JORGENSON, JJ.


The judgment below is affirmed without prejudice to the filing of a Fla.R.Crim.P. 3.850 motion to credit the defendant with time previously served in jail as a condition of the probation which was revoked in the present proceeding and while awaiting disposition of the probation violation charge. Since the record is uncertain as to whether full allowance for these periods has already been given, the issue should be initially addressed as a factual matter in the trial court. Clinton v. State, 389 So.2d 1082 (Fla.3d DCA 1980).


Summaries of

Graham v. State

District Court of Appeal of Florida, Third District
Feb 16, 1982
409 So. 2d 1168 (Fla. Dist. Ct. App. 1982)
Case details for

Graham v. State

Case Details

Full title:JERRY WEST GRAHAM, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 16, 1982

Citations

409 So. 2d 1168 (Fla. Dist. Ct. App. 1982)