BRIAN LITVIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN LITVIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
639 So. 2d 71
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 2 cases
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Opinion of the Court
PER CURIAM.
We grant rehearing, withdraw our opinion of December 22, 1993, and substitute the following opinion:
We affirm the trial court order denying post-conviction relief in all respects except with regard to the computation of gain time concerning which the state acknowledges error. Upon sentencing following a violation of probation, Appellant was entitled to a credit for time served, including earned gain time. The Appellant was initially incarcerated prior to October 1, 1989. See Tripp v. State, 622 So. 2d 941 (Fla.1993); Thomas v. State, 627 So. 2d 1295 (Fla. 5th DCA 1993); Jean v. State, 627 So. 2d 592 (Fla. 2d DCA 1993); Springer v. State, 626 So. 2d 327 (Fla. 1st DCA 1993).
The record reflects that Appellant is entitled to a credit of four years served in prison .plus 312 days in jail.
Affirmed in part, reversed in part, and remanded for further proceedings.
ANSTEAD, GUNTHER and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bayshore v. State, 651 So. 2d 248 (Fla. 4th DCA 1995)…h credit for jail time served on the violation of probation. No credit for his first incarceration was mentioned at the sentencing. Under Tripp, appellant is entitled to credit for the time spent incarcerated on the first offense. Litvin v. State, 639 So. 2d 71 (Fla. 4th DCA 1994); Jean v. State, 627 So. 2d 592 (Fla. 2d DCA 1993). Therefore, we remand to the trial court to give credit in accordance with Tripp for the time served on the first offense. Reversed and remanded. GLICKSTEIN, STONE and WARNER,…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Jean v. State, 627 So. 2d 592 (Fla. 2d DCA 1993)
- Thomas v. State, 627 So. 2d 1295 (Fla. 5th DCA 1993)
- Springer v. State, 626 So. 2d 327 (Fla. 1st DCA 1993)