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Sabala Answers Questions

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March 29, 2003, 17:25
Martin Peterson
Sabala Answers Questions
Sabala, No. 04-02-261-CR (03/19/03) seems to answer two questions I have entertained for some time. First: Does the court have authority to order a probationer held in the county jail pending transfer to a CCF or to a SAFPF? I have found no specific authority in 42.12 for this, but it is certainly implied (and is the common practice in my district). Second: Upon revocation is the probationer entitled to credit against his sentence for the time spent in the county jail awaiting such transfer? My judge has always allowed such credit. He apparently has been wrong to do so.

Now I have two other questions. What remedy, if any, does the State have to get the correct amount of sentence credit reflected in the judgment? Is it ever worth arguing about this with the court? It is my impression that many judges never even take the time to calculate sentence credits (they let someone else do it), but mine is pretty meticulous in doing so.