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585 So. 2d 1200

Jancar v. State

District Court of Appeal of Florida

Decided September 27, 1991

District Court of Appeal of Florida · decided 1991-09-27

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

Decided 1991-09-27

PER CURIAM.

¶1Following 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.

¶2Accordingly, 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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