State v. Fitzsimmons

Petitioner pleaded guilty to entering without breaking. The circuit court ordered Petitioner to be placed at the Anthony Center for Youthful Offenders. The warden later determined Petitioner was unfit to continue his placement at that facility, and Petitioner was transferred to jail. After a hearing to determine if the warden abused his discretion in removing Petitioner from the Anthony Center, the circuit court reinstated Petitioner's original one to ten year prison sentence and ordered that Petitioner not be given any credit towards the sentence for the time served at the Anthony Center. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not err in upholding the warden's decision to expel Petitioner from the Anthony Center; but (2) erroneously denied Petitioner's request for credit for time served. Remanded. View "State v. Fitzsimmons" on Justia Law