ANTHONY RAY DENNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant was entitled to credit for gain time upon resentencing for probation violation, as established by State v. Green, and the trial court's denial of his motion to correct sentence was reversed.
Upon resentencing for a violation of probation, a defendant is entitled to credit for both gain time awarded and time actually spent incarcerated.
[1] Upon resentencing for a probation violation, a defendant is entitled to credit for gain time awarded in addition to credit for time actually served in custody.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant was originally sentenced to five years incarceration followed by community control and probation. Upon revocation of his community control, …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Gain Time Credit cases and more on FLexlaw
PER CURIAM.
Appellant, Anthony Ray Denney, was originally sentenced to five years incarceration to be followed by two years community control and eight years probation. Upon revocation of his community control, appellant was sentenced to seven years incarceration followed by eight years probation. Appellant’s counsel then filed a motion to correct sentence alleging that he was not given sufficient gain time. He appeals the denial of that motion.
The trial judge gave appellant credit for the 748 days he had actually served on the original five year sentence but not for the gain time awarded him. At the time of the denial of the motion to correct sentence, the issue of credit for gain time was not settled. However, as is conceded by appel-lee, the issue has now been settled by the Florida Supreme Court in State v. Green, 547 So. 2d 925 (Fla.1989), holding that upon resentencing for a violation of probation, the defendant is entitled to credit for gain time awarded as well as for time actually spent incarcerated. Accordingly, we reverse the denial of the motion to correct sentencing and remand for the awarding of gain time pursuant to this opinion.
Reversed and remanded.
SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.