Legal Opinion

Barger v. State

District Court of Appeal of Florida

Decided April 11, 1975No. 74-1385PublishedCited by 4 opinions

1Opinion of the Court

GRIMES, Judge.

Appellant was convicted of the crime of escape. His only point meriting discussion is that the court should have given him credit on the sentence for the time he spent in county jail from the day of his re-arrest until sentencing. Appellant’s position is foreclosed by the reasoning of Adams v. Wainwright, Fla.1973, 275 So.2d 235 in which the court held that the time spent in county jail by defendant prior to the completion of his trial for escape from state prison counts toward his .original state prison sentence. The court observed that such a situation constitutes an exception…

2Cases cited2 opinions

  1. Miller v. StateDistrict Court of Appeal of Florida · 1974
  2. Adams v. WainwrightSupreme Court of Florida · 1973

3Cited by4 opinions

  1. State v. FrancisDistrict Court of Appeal of Florida · 1987
  2. Hagans v. StateDistrict Court of Appeal of Florida · 1981
  3. Bishop v. StateDistrict Court of Appeal of Florida · 1975
  4. State v. TraberCircuit Court for the Judicial Circuits of Florida · 1990

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