Florida District Courts of Appeal, 1995

Staples v. State

Staples v. State
Florida District Courts of Appeal · Decided August 30, 1995 · Glickstein, Stevenson, Stone
658 So. 2d 1255; 1995 Fla. App. LEXIS 9112; 1995 WL 509330 (Southern Reporter, Second Series)

Staples v. State

Opinion of the Court

PER CURIAM.

This is an appeal from an order summarily denying appellant’s rule 3.800(a) motion to correct illegal sentence. We reverse.

*1256Appellant was sentenced for violation of the probationary portion of a split sentence. Appellant argues, and the state concedes, that appellant is entitled to credit for time served in two 1985 cases, including earned gain time, during the incareerative portion of his original probationary split sentence. See State v. Green, 547 So.2d 925 (Fla. 1989) (a defendant is entitled to credit for all time served, including earned gain time, when that person is sentenced for a violation of the probationary portion of a split sentence).

Accordingly, we reverse and remand to the trial court for either (1) attachment of such portions of the record which refute appellant’s claim of entitlement to credit for time served, (2) an evidentiary hearing or (3) re-sentencing in compliance with State v. Green.

REVERSED AND REMANDED.

GLICKSTEIN, STONE and STEVENSON, JJ., concur.

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