Albury v. State

Miles v. State, Fla.App.1968, 214 So.2d 101, is precisely in point, holding that an indigent appellant is not entitled to credit for time spent in jail awaiting trial although he was given the maximum sentence allowed for the offense. That decision was based simply on Fla.Stat. § 921.-161(1) (1969), F.S.A., which makes the allowance of credit discretionary.

That was before Williams v. Illinois, 1970, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed. 2d 586. I would overrule Miles in the light of Williams. That case held that the Constitution forbids holding an indigent for longer than the maximum term…