Florida District Courts of Appeal, 1998

Gomez v. State

Gomez v. State
Florida District Courts of Appeal · Decided June 17, 1998 · Farmer, Gross, Stone
710 So. 2d 1384; 1998 Fla. App. LEXIS 7183; 1998 WL 314740 (Southern Reporter, Second Series)

Gomez v. State

Opinion of the Court

PER CURIAM.

We remand to the trial court with the direction that appellant receive credit for 229 days time served against his sentence. Unlike Harmon v. State, 599 So.2d 754 (Fla. 4th DCA 1992), the record does not demonstrate that the trial court’s original pronouncement was incorrect. Also, based on the concession by the state, we reverse the restitution award and remand for a restitution hearing. See Hamrick v. State, 648 So.2d 274 (Fla. 4th *1385DCA 1995). We find no error in the admission of the gun at trial.

STONE, C.J., and FARMER and GROSS, JJ., concur.

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