JAMES EDWARD MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from the denial of a motion for credit for time served. In the motion, Mathis alleged that he was entitled to receive credit on his present sentence, imposed upon revocation of community control which followed a term of imprisonment, for gain time earned on his two previously imposed split sentences.
Subsequent to the trial court’s denial of Mathis’ motion, the Florida Supreme Court ; ruled that a defendant “is entitled to include earned gain-time when computing time served to credit against the sentence imposed after revocation of probation which is part of a probationary split sentence.” State v. Green, 547 So. 2d 925 (Fla. 1989). While the trial court did give Mathis some credit for time previously served, it is not clear whether that time included credit for the earned gain time.
Accordingly, we reverse the denial of Mathis’ motion and remand for further proceedings consistent with Green.
CAMPBELL, C.J., and SCHEB and SCHOONOVER, JJ., concur.
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Citator
Cited By
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Mathis v. State, 563 So. 2d 1121 (Fla. 2d DCA 1990)…SCHEB, Acting Chief Judge. James Mathis appeals the circuit court’s order of February 5, 1990, denying for the second time his pro se “motion for additional jail time credit.” This court initially reviewed Mathis’s motion in Mathis v. State, 549 So. 2d 1047 (Fla. 2d DCA 1989). Mathis had alleged as follows: On August 12, 1986, he was given concurrent split sentences in six separate cases. On May 8, 1987, Mathis having been released from prison, the probationary portion of these sentences was revoked an…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)