Harvey v. State
Harvey v. State
Opinion of the Court
Walter Harvey appeals the denial of his motion for credit for time served. He contends the trial court erred in giving him only 44 days’ credit for time served as he was in custody from April 18, 1990, until June 17, 1991 (426 days). We remand for further consideration by the trial court.
In its order, the trial court noted, referring tó notices of arraignment, that as of November 5, 1990, Harvey was not in custody. It then noted that Harvey’s release on his own recognizance was revoked on May 6, 1991, and he was sentenced on June 17, 1991.
We remand with directions that the trial court determine if Harvey was in secure detention before he was transferred to the county jail, when Harvey was released on his own recognizance, and whether the amount of credit for time served that he was awarded should be adjusted accordingly.
Remanded.
. We note that 43 days, rather than 44 days, elapsed between these dates.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.