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550 So. 2d 41

550 So.2d 41

14 Fla.L.Weekly 1953

Owens v. State

District Court of Appeal of Florida

Decided August 16, 1989

District Court of Appeal of Florida · decided 1989-08-16

Relies on 547 So. 2d 925 - State v. Green

Decided 1989-08-16

PER CURIAM.

¶1This is an appeal from the summary denial of a motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, in which Owens alleged that the trial court did not give him credit on his present sentence, imposed upon revocation of community control which followed a term of imprisonment, for time served and gain time earned on the previously-imposed split sentence.

¶2Although it is not clear from the motion and the trial court’s order which summarily denied the motion exactly how much time Owens was credited on his present sentence, it is apparent from the trial court’s order that it did not credit Owens with the time he served on his previously-imposed split sentence nor with the gain time that he earned while serving that sentence. This was error. State v. Green, 547 So.2d 925 (Fla.1989). Accordingly, we reverse the summary denial of Owens’ motion and *42remand for further proceedings consistent with Green.

LEHAN, A.C.J., and FRANK and ALTENBERND, JJ., concur.
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