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CARROLL v. STATE

No. 87-1853.

523 So.2d 787 (1988)

Clifford Wayne CARROLL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 21, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The appellant's motion to expedite appeal is granted.

We hold that when the court stays and withholds the imposition of sentence and places a defendant on probation, as authorized by section 948.01(3), Florida Statutes, the probationer is entitled to credit under section 921.161(1), Florida Statutes, for all time he spent in the county jail before "sentence" against any incarceration imposed as a condition...

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