Denney v. State
Denney v. State
Opinion of the Court
Appellant, Anthony Ray Denney, was originally sentenced to five years incarceration to be followed by two years community control and eight years probation. Upon revocation of his community control, appellant was sentenced to seven years incarceration followed by eight years probation. Appellant’s counsel then filed a motion to correct sentence alleging that he was not given sufficient gain time. He appeals the denial of that motion.
The trial judge gave appellant credit for the 748 days he had actually served on the original five year sentence but not for the gain time awarded him. At the time of the denial of the motion to correct sentence, the issue of credit for gain time was not settled. However, as is conceded by appel-lee, the issue has now been settled by the Florida Supreme Court in State v. Green, 547 So.2d 925 (Fla. 1989), holding that upon
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.