SEAN CHRISTOPHER BLACK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appeals from the denial of his motion to correct an illegal sentence entered upon the revocation of his community control. Upon the State’s proper confession of error, we vacate the sentence under review and remand for resentencing. Upon remand, the trial court shall allow credit for time served as follows: 113 days for county jail time served prior to the imposition of his original sentence, 309 days for his actual time served during his incarceration, and 15 days county jail time the defendant served prior to resentencing. State v. Green, 547 So. 2d 925 (Fla.1989).1
Sentence vacated; cause remanded for re-sentencing with directions.
. Defendant is not, as he argues, entitled to all gain time earned up to the date of his release on probation. § 948.06(6), Fla.Stat. (1989).
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Sainvilus v. State, 689 So. 2d 1261 (Fla. 3d DCA 1997)…ationary term. See Tripp v. State, 622 So. 2d 941, 942 (Fla.1993); Smith v. State, 685 So. 2d 1362, 1363 (Fla. 2d DCA 1996); see also Manning v. State, 21 Fla. L. Weekly D1481, — So. 2d — [1996 WL 347131] (Fla. 3d DCA June 26, 1996); Black v. State, 623 So. 2d 641 (Fla. 3d DCA 1993). Thus, we remand this cause with directions that the trial court correct the sentencing order under review.…
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Davis v. State, 701 So. 2d 119 (Fla. 3d DCA 1997)…ionary term.” Sainvilus v. State, 689 So. 2d 1261 (Fla. 3d DCA 1997). See Tripp v. State, 622 So. 2d 941, 942 (Fla.1993); Manning v. State, 696 So. 2d 1186 (Fla. 3d DCA 1996); Smith v. State, 685 So. 2d 1362, 1363 (Fla. 2d DCA 1996); Black v. State, 623 So. 2d 641 (Fla. 3d DCA 1993). Accordingly, the matter is remanded to the trial court for correction of the sentencing order under review.…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)