Public-domain · open source
OpenJurist

623 So. 2d 641

Black v. State

District Court of Appeal of Florida

Decided September 21, 1993

District Court of Appeal of Florida · decided 1993-09-21

Cited by 2 later decisions — most recently November 1997

2 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1993-09-21

View the full empirical analysis of this case →

PER CURIAM.

¶1Defendant appeals from the denial of his motion to correct an illegal sentence entered upon the revocation of his community control. Upon the State’s proper confession of error, we vacate the sentence under review and remand for resentencing. Upon remand, the trial court shall allow credit for time served as follows: 113 days for county jail time served prior to the imposition of his original sentence, 309 days for his actual time served during his incarceration, and 15 days county jail time the defendant served prior to resentencing. State v. Green, 547 So.2d 925 (Fla.1989).1

¶2Sentence vacated; cause remanded for re-sentencing with directions.

¶3. Defendant is not, as he argues, entitled to all gain time earned up to the date of his release on probation. § 948.06(6), Fla.Stat. (1989).

/623/so2d/641 · .json · Public domain