Opinion
No. 89-2108.
August 30, 1990.
Appeal from the Circuit Court, Putnam County, E.L. Eastmoore, J.
James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.
Verdell Hill appeals, claiming he did not receive proper jail time credit following revocation of his probation. We agree and reverse.
Defendant was convicted in 1988 of unlawful sale and delivery of cocaine. For this conviction, he received a true split sentence of 8 1/2 years incarceration where, after 3 1/2 years of incarceration, the balance would be suspended and he would be released on probation. Following his release, defendant was subsequently charged with violating his probation. He pleaded guilty and his probation was revoked. With the one cell bump-up authorized for violations of probation, the recommended sentencing range was 4 1/2 to 5 1/2 years incarceration. The defendant was reincarcerated for a term of 5 1/2 years with credit for 441 days, presumably the prison time actually served by him on the incarcerative portion of his split sentence.
Our supreme court has held that after a defendant has been released from the incarcerative portion of the split sentence and his probation is subsequently revoked, he should receive credit for the entire incarcerative portion of the split sentence regardless of whether he actually served the entire time or was released early due to gain time. See State v. Green, 547 So.2d 925 (Fla. 1989). Pursuant to Green, the defendant should have received credit for 3 1/2 years instead of 441 days.
Accordingly, we reverse and remand for entry of proper jail time credit.
REVERSED and REMANDED.
GOSHORN and HARRIS, JJ., concur.