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639 So. 2d 71

Litvin v. State

District Court of Appeal of Florida · decided 1994-05-18

Cited by 1 later decisions — most recently March 1995

1 state decisions

Relies on 622 So. 2d 941 - Tripp v. State · 627 So. 2d 592 - Jean v. State · Thomas v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-05-18

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PER CURIAM.

¶1We grant rehearing, withdraw our opinion of December 22, 1993, and substitute the following opinion:

¶2We affirm the trial court order denying post-conviction relief in all respects except with regard to the computation of gain time concerning which the state acknowledges error. Upon sentencing following a violation of probation, Appellant was entitled to a credit *72for time served, including earned gain time. The Appellant was initially incarcerated prior to October 1, 1989. See Tripp v. State, 622 So.2d 941 (Fla.1993); Thomas v. State, 627 So.2d 1295 (Fla. 5th DCA 1993); Jean v. State, 627 So.2d 592 (Fla. 2d DCA 1993); Springer v. State, 626 So.2d 327 (Fla. 1st DCA 1993).

¶3The record reflects that Appellant is entitled to a credit of four years served in prison .plus 312 days in jail.

¶4Affirmed in part, reversed in part, and remanded for further proceedings.

ANSTEAD, GUNTHER and STONE, JJ., concur.
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