Graham v. State

District Court of Appeal of Florida

Graham v. State

409 So. 2d 1168, 1982 Fla. App. LEXIS 19274

CourtDistrict Court of Appeal of Florida

DecidedFebruary 16, 1982

DocketNo. 81-787

StatusPublished

This text of 409 So. 2d 1168 (Graham v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Graham v. State, 409 So. 2d 1168, 1982 Fla. App. LEXIS 19274 (Fla. Ct. App. 1982).

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Opinion

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3.850 motion to credit the defendant with time previously served in jail as a condition of the probation which was revoked in the present proceeding and while awaiting disposition of the probation violation charge.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3.850 motion to credit the defendant with time previously served in jail as a condition of the probation which was revoked in the present proceeding and while awaiting disposition of the probation violation charge.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

409 So. 2d 1168, 1982 Fla. App. LEXIS 19274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-state-fladistctapp-1982.

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