HARRISON v. WAINWRIGHT

No. 82-61.

408 So.2d 800 (1982)

Curtis Lee HARRISON, Petitioner, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Respondent.

District Court of Appeal of Florida, Fifth District.

January 15, 1982.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for respondent.


WRIT OF HABEAS CORPUS

DAUKSCH, Chief Justice.

Upon consideration of the Petition for Writ of Habeas Corpus and the response, it is the determination of this court that the petitioner is being held by the respondent illegally.

The petitioner was sentenced to serve a term in the state prison after his probation was revoked. The trial judge did not give the petitioner credit for time he had already served in jail as a condition of the probation which...

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