Edwards v. State

In this case, petitioner argues that he is entitled to be released from conditional release because his release from prison was a result of earned gain time and therefore the remainder of his sentence was extinguished. Petitioner relies on State v. Green, 547 So.2d 925 (Fla.1989), Heuring v. State, 559 So.2d 207 (Fla.1990) and Cooper v. Florida Parole Commission, 691 So.2d 521 (Fla. 4th DCA 1997).

In Green, the court held that a defendant who violated the probationary portion of a split sentence is entitled to credit for earned gain time on a new incarcerative sentence. In Heuring, the court…