Miller v. State

Upon conviction of the appellant for the crime of aggravated assault, the maximum sentence therefor was imposed. He had been held in the county jail from the time of arrest to the date of sentence, a period of four months and twenty-three days. The defendant appealed, and this court affirmed. Miller v. State, Fla.App.1971, 242 So.2d 466.

Thereafter the defendant filed a petition to be granted credit for such jail time served prior to sentence. The motion was denied. On April 20, 1972, the defendant again moved under Rule 3.850 CrPR, 33 F.S.A., to “vacate, set aside or correct the sentence as…