Anderson v. State

FRANK D. UPCHURCH, Jr., Judge.

Anderson’s probation was revoked for his failure to return to the Probation and Restitution Center in Duval County after being permitted to go to St. Augustine to seek employment. Anderson appeals from the order of revocation contending the court erred by failing to give him credit for time served at the probation center.

Section 921.161(1), Florida Statutes (1983) requires that a defendant be credited for time spent “[i]n the county jail before sentencing.” In Pennington v. State, 398 So.2d 815, 817 (Fla.1981), the supreme court refused to extend the “plain…