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ANDERSON v. STATE

No. 83-976.

449 So.2d 1311 (1984)

Elliott Keith ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 17, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div. Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Anderson's probation was revoked for his failure to return to the Probation and Restitution Center in Duval County after being permitted to go to St. Augustine to seek employment. Anderson appeals from the order of revocation contending the court erred by failing to give him credit for time served at the probation center.

Section 921.161(1), Florida Statutes (1983) requires that a defendant be credited for time spent "[i]n the...

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