TODD CARLTON SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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STEVENSON, Judge.
In this appeal, pro se petitioner, Todd Smith, challenges the lower court’s denial of his Rule 3.800 motion to correct illegal sentence, arguing that the trial court failed to award him credit for incentive gain time after revoking his probation. Because we find that the trial court properly awarded the gain time which petitioner seeks, we affirm.
Upon violation of the probationary portion of a split sentence, the trial court sentenced Smith to twelve years incarceration and ordered that Smith be given “credit for all time previously served” in the Department of Corrections prior to resentencing. We interpret the trial court’s order as correctly allowing Smith credit for time actually served as well as earned gain time because the offense occurred prior to October 1,1989. See State v. Green, 547 So. 2d 925 (Fla.1989); Harrington v. State, 609 So. 2d 712 (Fla. 4th DCA 1992); § 948.06(6), Fla.Stat. (1989); Ch. 89-531, Laws of Florida. It is not the trial court’s province to calculate the amount of incentive gain time due to a prisoner; that function is to be performed by the Department of Corrections. Walker v. State, 619 So. 2d 518 (Fla. 1st DCA 1993).
DELL and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Genorval Slay v. Singletary, 676 So. 2d 456 (Fla. 1st DCA 1996)…sistent with this conclusion, our sister court has specifically interpreted such a sentencing provision as allowing the defendant credit for time actually served as well as earned gain-time to which an entitlement exists under Green. Smith v. State, 659 So. 2d 1222 (Fla. 4th DCA 1995).3 We now expressly align ourselves with the decision in Smith, and to the extent prior eases such as Allen v. State, 642 So. 2d 607 (Fla. 1st DCA 1994) and Sapp v. State, 652 So. 2d 1194 (Fla. 1st DCA 1995) are read to suggest th…
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Cleon L. Smith v. State, 685 So. 2d 912 (Fla. 5th DCA 1996)…ections to perform its “time served” calculations by including the previously awarded gain time to which a defendant is entitled under State v. Green, 547 So. 2d 925 (Fla.1989). Slay v. Singletary, 676 So. 2d 456 (Fla. 1st DCA 1996); Smith v. State, 659 So. 2d 1222 (Fla. 4th DCA 1995); see also Tribute v. State, 21 Fla. L. Weekly D1989 (Fla. 3d DCA Sept. 4, 1996). This court in Bacon v. State, 647 So. 2d 332 (Fla. 5th DCA 1994), found such a provision to be inadequate when the issue was raised on direct appeal…
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Smith v. State, 682 So. 2d 147 (Fla. 4th DCA 1996)…ommitted prior to October 1, 1989, necessarily encompass earned gain time because once the trial court orders credit for prison time served, the defendant becomes entitled to an allowance for earned gain time by operation of law. See Smith v. State, 659 So. 2d 1222 (Fla. 4th DCA 1995).1' In the instant case, appellant committed the original crimes prior to October 1,1989. The trial court’s order provided that appellant was entitled to credit for all time previously served in the D.O.C. prior to resentencing. A…1 / 2
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- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Walker v. State, 619 So. 2d 518 (Fla. 1st DCA 1993)
- Harrington v. State, 609 So. 2d 712 (Fla. 4th DCA 1992)
- Indian River Cnty. v. Indian River W., Inc., 609 So. 2d 712 (Fla. 4th DCA 1992)