L.V. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant is entitled to a five-year credit for the state prison portion of his split sentence because the relevant statutes were not effective at the time of his original offense.
Appellant's probation was violated, and at sentencing, the prosecutor argued for forfeiture of unearned gain-time under a statute that had become effe…
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PER CURIAM.
We reverse. Appellant is entitled to receive a five year credit for the state prison portion of his split sentence.
At the sentencing hearing for the violation of the probation portion of appellant’s split sentence, the prosecutor convinced the trial judge to forfeit “any unearned gain-time” attributable to early release from state prison, pursuant to section 948.06(6), Florida Statutes (Supp.1990). However, at oral argument the state conceded that it had erroneously argued that the statute applied because it became effective before appellant’s release from state prison. We note that the legislature enacted section 948.06(6) to counter State v. Green, 547 So. 2d 925 (Fla.1989), which held that a prisoner who is released early because of gain-time has completed his or her sentence in full. Sub judice, Green applies because appellant committed the original offense before September 1, 1990, the effective date of section 948.06(6).
Also, the state abandoned its argument that section 944.28(1), Florida Statutes (1989), applied because it merely extended to the courts the existing authority of the Florida Department of Corrections to forfeit gain-time. Again, sub judice, Green applies because appellant committed the original offense before October 1, 1989, the effective date of section 944.28(1).
Appellant’s counsel advised that a reversal of the sentence renders the remaining issue moot.
Accordingly, we reverse appellant’s violation of probation sentence and remand with directions to credit him with five years for the state prison portion of his split sentence and any time he served in the county jail pending the violation of probation hearing and sentencing. No motion for rehearing or clarification will receive consideration by this court.
STONE, GARRETT, JJ., and BRESCHER, GEORGE A., Associate Judge, concur.
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L.C. Bradley v. State, 631 So. 2d 1096 (Fla. 1994)…[*1097] GRIMES, Justice. We review Bradley v. State, 616 So. 2d 1156 (Fla. 2d DCA 1993), because of conflict with Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992), Ferguson v. State, 594 So. 2d 864 (Fla. 5th DCA 1992), and Smith v. State, 613 So. 2d 603 (Fla. 5th DCA 1993). Our jurisdiction derives from article V, section 3(b)(3) of the Florida Constitution. Bradley pled guilty to two rob…
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L.C. Bradley v. State, 616 So. 2d 1156 (Fla. 2d DCA 1993)…1 amendment to section 944.28 did not control because the defendant’s offense occurred before the enactment. Toschlog does not refer to the date of the defendant’s offense, only the date of sentencing. Also, the Fourth District, in Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992), addressed the effective dates of the amendments to sections 948.06(6) and 944.28(1). The court correctly stated, according to the Laws of Florida, that the effective date of the amendment to section 944.28(1) is October 1, 1989.…
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Westlund v. Fla. Parole Comm'n, 637 So. 2d 52 (Fla. 1st DCA 1994)…ponents or pieces. This view is erroneous. .Westlund's conditional release was revoked on September 16, 1992, following his arrest for aggravated battery on June 22, 1992. See generally Bradley v. State, 631 So. 2d 1096 (Fla.1994); Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992). But Westlund has already served the sentences imposed on account of the offenses he committed on February 3, 1988. See Waldrup v. Dugger, 562 So. 2d 687 (Fla.1990); State v. Green, 547 So. 2d 925 (Fla.1989) (Under prior law, a "…
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- State v. Green, 547 So. 2d 925 (Fla. 1989)