Copeland v. State

ERVIN, Judge.

The probationary split sentence imposed on appellant is not illegal. See Poore v. State, 531 So.2d 161 (Fla.1988); Carter v. State, 552 So.2d 203 (Fla. 1st DCA 1989). However, the trial court did err by sentencing appellant in excess of the one-cell bump-up for probation violation. See Lambert v. State, 545 So.2d 838 (Fla.1989); Franklin v. State, 545 So.2d 851 (Fla.1989). Additionally, the trial court erred by failing to give appellant credit for all earned gain-time. See Green v. State, 547 So.2d 925 (Fla.1989); Melvin v. State, 553 So.2d 312 (Fla. 1st DCA 1989).

AFFIRMED in…