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SESSION v. STATE

No. 1D09-1082.

37 So.3d 873 (2010)

George Allen SESSION, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 17, 2010.

Attorney(s) appearing for the Case

Appellant George Allen Session, pro se.

Bill McCollum, Attorney General and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

This court views the rescission of previously awarded jail credit as an increased penalty and a violation of the defendant's rights under the Fifth Amendment of the United States Constitution. See Wheeler v. State, 880 So.2d 1260, 1261 (Fla. 1st DCA 2004) (holding "trial court may not sua sponte rescind jail credit previously awarded at any time even if the initial award was improper," because to do so "is to...

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