Florida District Courts of Appeal, 1982

Graham v. State

Graham v. State
Florida District Courts of Appeal · Decided February 16, 1982 · Genson, Hendry, Jor, Schwartz
409 So. 2d 1168; 1982 Fla. App. LEXIS 19274 (Southern Reporter, Second Series)

Graham v. State

Opinion of the Court

PER CURIAM.

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3.850 motion to credit the defendant with time previously served in jail as a condition of the probation which was revoked in the present proceeding and while awaiting disposition of the probation violation charge.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).

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