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Oliver v. State

District Court of Appeal of Florida, Second District
Feb 23, 1990
556 So. 2d 1247 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-00583.

February 23, 1990.

Appeal from the Circuit Court for Hillsborough County; Susan C. Bucklew, Judge.

James Marion Moorman, Public Defender, Bartow, and Andrea Steffen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


We affirm the judgment and sentence, but remand for a determination of the amount of credit for time served and gain time to which appellant is entitled. On remand from an invalid departure sentence, appellant must have his credit for all time served and gain time on the original invalid sentence applied against his new jail and probationary sentence. See McCray v. State, 517 So.2d 770 (Fla. 2d DCA 1988); see also State v. Green, 547 So.2d 925 (Fla. 1989).

FRANK, A.C.J., and HALL and PATTERSON, JJ., concur.


Summaries of

Oliver v. State

District Court of Appeal of Florida, Second District
Feb 23, 1990
556 So. 2d 1247 (Fla. Dist. Ct. App. 1990)
Case details for

Oliver v. State

Case Details

Full title:ROBERT OLIVER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 23, 1990

Citations

556 So. 2d 1247 (Fla. Dist. Ct. App. 1990)

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