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647 So. 2d 332

Docket No. 94-2016.

Bacon v. State

Ronald David BACON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 22, 1994.

District Court of Appeal of Florida · decided 1994-12-22

Cited by 8 later decisions — most recently October 1997

8 state decisions

Key passage — most relied on by later courts

“Although the trial court can delegate to the Department of Corrections the task of determining the amount of gain time to be credited, the trial court must specifically provide for the award of gain time.”

quoted by 1 later decision, including Hough v. State

Relies on 603 So. 2d 93 - Wilson v. State · Green v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-22

View the full empirical analysis of this case →

¶1Ronald David Bacon, pro se.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3PER CURIAM.

¶4Because appellant's sentence of eight years incarceration with credit for 51 days in county detention and "any DOC time previously served" does not specifically cover any gain time which appellant may be entitled to receive, we vacate appellant's sentence and remand this cause for further proceedings. On remand, the trial court shall enter an amended judgment of eight years imprisonment with credit for both time served and gain time awarded. Although the trial court can delegate to the Department of Corrections the task of determining the amount of gain time to be credited, the trial court must specifically provide for the award of gain time. See generally Green v. State,636 So.2d 830 (Fla. 5th DCA 1994); Wilson v. State,603 So.2d 93 (Fla. 5th DCA 1992).

¶5Sentence VACATED; cause REMANDED.

¶6HARRIS, C.J., and GOSHORN and DIAMANTIS, JJ., concur.

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