RICKY LEE HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICKY LEE HILL, APPELLANT,
STATE OF FLORIDA, APPELLEE
565 So. 2d 420
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
BARFIELD, Judge.
As the state concedes, Hill is entitled to credit for earned gain-time upon the imposition of a new sentence for violation of community control. State v. Carter, 553 So. 2d 169 (Fla.1989); State v. Green, 547 So. 2d 925 (Fla.1989). We reverse on this issue only, and remand with directions to allow credit for all gain-time previously earned. Appellant is not entitled to receive credit for time spent in community control. Swain v. State, 553 So. 2d 1331 (Fla. 1st DCA 1989).
The other issues raised on appeal are without merit.
AFFIRMED IN PART, REVERSED IN PART and REMANDED.
ERVIN and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 634 So. 2d 287 (Fla. 1st DCA 1994)…accrued during the first portion of his split sentence, appellant’s sentences must be reversed and the case remanded with directions to allow credit in accordance with Green. Accord Jones v. State, 633 So. 2d 482 (Fla. 1st DCA 1994); Hill v. State, 565 So. 2d 420 (Fla. 1st DCA 1990); Johnson v. State, 553 So. 2d 770 (Fla. 1st DCA 1989). As the awarding of gain time is solely a function of the Department of Corrections,2 there is no need to “resentence” appellant or have him present when the sentences are cor…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- State v. Carter, 553 So. 2d 169 (Fla. 1989)
- Swain v. State, 553 So. 2d 1331 (Fla. 1st DCA 1989)
- Narcisco Rodriguez v. State, 553 So. 2d 1331 (Fla. 3d DCA 1989)