ROBERT OLIVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT OLIVER, APPELLANT,
STATE OF FLORIDA, APPELLEE
556 So. 2d 1247
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 591 So. 2d 329 (Fla. 2d DCA 1992)…s’ prison on all three counts followed by four years’ probation on count II, grand theft. We remand to conform the written sentence to the oral pronouncements and to determine credit for time served on the grand theft sentences. See Oliver v. State, 556 So. 2d 1247 (Fla. 2d DCA 1990). Affirmed and remanded. FRANK, A.C.J., and PARKER, J., concur.…
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Netherly v. State, 873 So. 2d 407 (Fla. 2d DCA 2004)…not receive concurrent sentences on multiple charges. 491 So. 2d at 545. Thus, the Netherlys’ first probationary term, for counts two and four, must be reduced by the amount of time they spent in jail or prison, including gain time, Oliver v. State, 556 So. 2d 1247 (Fla. 2d DCA 1990), although credit will not be applied to the remaining probationary terms. Otherwise, by the end of their first term of probation, the Netherlys will have served more time than statutorily allowed for these third-degree crimes. In…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- McCRAY v. State, 517 So. 2d 770 (Fla. 2d DCA 1988)