Florida District Courts of Appeal, 1991

Jancar v. State

Jancar v. State
Florida District Courts of Appeal · Decided September 27, 1991 · Danahy, Frank, Parker
585 So. 2d 1200; 1991 Fla. App. LEXIS 9866; 1991 WL 191609 (Southern Reporter, Second Series)

Jancar v. State

Opinion of the Court

PER CURIAM.

Following an evidentiary hearing, the trial judge found that the appellant had violated his probation. A guidelines prison sentence was imposed, with credit given for the time actually served previously as a condition of probation. Contrary to Green v. State, 547 So.2d 925 (Fla. 1989), the court specifically directed that the appellant not receive credit for the gain time earned on the previous period of incarceration.

Accordingly, we affirm the judgment and sentence, but remand to the trial court to correct the amount of credit for time *1201served to include both the time actually incarcerated and gain time served.

DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.

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