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MILLER v. STATE

No. U-479.

297 So.2d 36 (1974)

John Mark MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 27, 1974.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and Michael J. Minerva, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

McCORD, Judge.

The question presented on this appeal is whether or not the trial judge gave correct application to Section 921.161(1), Florida Statutes, F.S.A., (as amended by Ch. 73-71, Laws of Florida, 1973) in the credit he gave appellant for time spent in the county jail prior to sentence. Prior to the 1973 amendment, credit for jail time was permissive but it is now mandatory. Said statute now provides as follows:

"A sentence of imprisonment shall not...

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