Florida District Courts of Appeal, 1990

Oliver v. State

Oliver v. State
Florida District Courts of Appeal · Decided February 23, 1990 · Frank, Hall, Patterson
556 So. 2d 1247; 1990 Fla. App. LEXIS 1100; 1990 WL 15920 (Southern Reporter, Second Series)

Oliver v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment and sentence, but remand for a determination of the amount of credit for time served and gain time to which appellant is entitled. On remand from an invalid departure sentence, appellant must have his credit for all time served and gain time on the original invalid sentence applied against his new jail and probationary sentence. See McCray v. State, 517 So.2d 770 (Fla. 2d DCA 1988); *1248see also State v. Green, 547 So.2d 925 (Fla. 1989).

FRANK, A.C.J., and HALL and PATTERSON, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.