Opinion
No. 88-1224.
September 21, 1989.
Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.
James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.
ON MOTION FOR REHEARING
The motion to rehear is granted. Our opinion issued June 29, 1989 is withdrawn and the following opinion is issued in lieu thereof:
REVERSED AND REMANDED for resentencing. On remand the defendant is entitled to credit for previously earned gain time against his current sentence which was imposed upon the revocation of the probationary portion of his split sentence, State v. Green, 547 So.2d 925 (Fla. 1989).
SHARP, COWART and GOSHORN, JJ., concur.