Clark v. State

We reverse appellant’s sentence and remand with direction to reconsider the credit for gain-time to be awarded to appellant.

Section 948.06(6), Florida Statutes (1989), provides in pertinent part that upon revocation of probation or community control, gain time accrued prior to release on probation or community control may be deemed to be forfeited. However, this statute is not applicable where the original crime was committed prior to October 1, 1989, the effective date of the statute. See Bradley v. State, 631 So.2d 1096 (Fla.1994); Roff v. State, 644 So.2d 166 (Fla. 4th DCA 1994); Webb v.…