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523 So. 2d 787

523 So.2d 787

13 Fla.L.Weekly 985

Carroll v. State

District Court of Appeal of Florida · decided 1988-04-21

Relies on Griner v. State

Decided 1988-04-21

PER CURIAM.

¶1The appellant’s motion to expedite appeal is granted.

¶2*788We 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 of probation. See Griner v. State, 523 So.2d 789 (Fla. 5th DCA 1988).

¶3This cause is remanded with directions that credit for such jail time, stipulated to be 107 days, be given against the incarceration condition of the probation disposition in this case.

¶4CAUSE REMANDED with directions.

SHARP, C.J., and ORFINGER and COWART, JJ., concur.
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