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IN RE PHELAN

No. 47744-2.

97 Wn.2d 590 (1982)

647 P.2d 1026

In the Matter of the Personal Restraint of PHILLIP M. PHELAN, Petitioner.

The Supreme Court of Washington, En Banc.

As amended by order September 14, 1982.

Attorney(s) appearing for the Case

Phillip M. Phelan, pro se, and Robert Adelman and John Midgley of Evergreen Legal Services, for petitioner.

Kenneth O. Eikenberry, Attorney General, and Michael P. Lynch, Assistant, for respondent.

[As amended by order of the Supreme Court September 14, 1982.]

WILLIAMS, J.

The issue in this personal restraint petition is whether credit against a maximum prison sentence must be given for: (1) time actually served in detention; and (2) time served under the restrictions of probation but not in actual detention. We hold petitioner is not entitled to credit against his maximum sentence for nondetention probationary...

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