Bowens v. State

COBB, Judge.

The issue on this appeal concerns the state’s attempt to modify the defendant’s sentence through the elimination of gain time.

On December 14, 1992, the defendant’s probation was revoked and he was sentenced to 4⅜ years incarceration with 3 years and 43 days credit. Seven months later, after receiving some type of correspondence from the Department of Corrections, the state filed a “Motion to Correct Illegal Sentence” which claimed that the defendant was not entitled to 369 days credit for time not served due to early release. On October 20, 1993, the trial court granted the…