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GRAHAM v. STATE

No. 81-787.

409 So.2d 1168 (1982)

Jerry West GRAHAM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 16, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and JORGENSON, JJ.

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3.850 motion to credit the defendant with time previously served in jail as a condition of the probation which was revoked in the present proceeding and while awaiting disposition of the probation violation charge.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

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