Credit For Time Served

The Department of Corrections, not the judge, is responsible for where the defendant serves his sentence and calculating the amount of credit for time served. Williams v. State, 300 Ga. App. 319 (2009); Anderson v. State, 290 Ga. App. 890 (2008). A defendant is entitled to credit for time served in connection with and resulting from a court order entered in the criminal case for which the sentence is imposed. Scott v. State, 315 Ga. App. 786 (2012); O.C.G.A. §§ 17-10-9 through 17-10-12; Cochran v. State, 315 Ga. App. 488 (2012). The remedy for a dissatisfied defendant is a mandamus or injunction against the Commissioner of the Department of Corrections. Adams v. State, 316 Ga. App. 161 (2012). If the sentencing order misdirects the jail or prison on how to calculate the sentence then the remedy is for the judge to strike that language from the order. Cutter v. State, 275 Ga. App. 888 (2005). 

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