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GRISSINGER v. STATE

No. 4D05-2132.

905 So.2d 982 (2005)

Stephen A. GRISSINGER, Petitioner, v. STATE of Florida and Rick Bradshaw, Sheriff of Palm Beach County, Respondents.

District Court of Appeal of Florida, Fourth District.

June 29, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for respondent State of Florida.

STEVENSON, J.

We have for review an emergency petition for writ of habeas corpus. Petitioner, Stephen A. Grissinger, claims he is being held illegally because the Palm Beach County circuit court entered an order, dated May 26, 2005, which did not credit against his probation jail time served prior to trial and prior to the revocation. We agree and grant the writ, finding that petitioner is entitled to immediate release from confinement.1

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