LEWIS C. NEWSOME, APPELLANT,

v.

DEPARTMENT OF CORRECTIONS AND FLORIDA PAROLE COMMISSION, APPELLEES

Citator

Cited By

• Drymon v. State, 878 So. 2d 438 (Fla. 1st DCA 2004)
  …the 710 days of credit for time served. As the trial court awarded petitioner 710 days credit for time served in prison prior to resentencing, the credit should include any unforfeited gain time accrued prior to resentencing. Cf. Davidson v. State, 780 So. 2d 984, 985 (Fla. 1st DCA 2001) (stating that defendants “who have been resentenced through no fault of their own are entitled upon resentencing to credit for all actual time served and gain time earned during their initial prison term”); Jones v. State, 6…
• Sullivan v. Jones, 165 So. 3d 26 (Fla. 1st DCA 2015)
  …t merit.4 When an individual is resen-tenced and formerly concurrent sentences are then to be served consecutively, inmates must receive credit on each newly-consecutive sentence for “all actual time served and gain time earned.” Davidson v. State, 780 So. 2d 984, 985 (Fla. 1st DCA 2001) (emphasis added); see also State v. Rabedeau, 2 So. 3d 191, 193-94 (Fla.2009). This Court has further explained that “the credit should include any unforfeited gain time accrued prior to resentencing.” Drymon v. State, 878 S…
• Rodas v. State, 65 So. 3d 98 (Fla. 1st DCA 2011)
  …d be reversed and remanded. We therefore reverse and remand for the trial court to either attach documents conclusively refuting the appellant’s prison credit claim, or for the court to award the appellant the credit he seeks. See Davidson v. State, 780 So. 2d 984 (Fla. 1st DCA 2001) (stating that upon resentencing a defendant is entitled to prison credit for time already served). REVERSED AND REMANDED. VAN NORTWICK, PADOVANO, and HAWKES, JJ., concur.…