GALLAGHER v. STATE

No. 74-638.

300 So.2d 299 (1974)

Raymond Joseph GALLAGHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 20, 1974.


Attorney(s) appearing for the Case

Raymond Joseph Gallagher, in pro. per.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant was adjudged guilty of a crime and sentenced to the maximum term of imprisonment provided by law. He had spent time in jail prior thereto and so moved the trial court for credit for his presentence jail time, which motion was denied. He appeals. We reverse.

Subsequent to the trial court denial F.S. 921.161(1) (1973) was enacted. Different from the prior law allowing the trial court discretion, it provided mandatory credit for jail time...

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