Legal Opinion

Hill v. State

District Court of Appeal of Florida

Decided August 22, 1990No. 89-1732PublishedCited by 1 opinion

1Opinion of the Court

BARFIELD, Judge.

As the state concedes, Hill is entitled to credit for earned gain-time upon the imposition of a new sentence for violation of community control. State v. Carter, 553 So.2d 169 (Fla.1989); State v. Green, 547 So.2d 925 (Fla.1989). We reverse on this issue only, and remand with directions to allow credit for all gain-time previously earned. Appellant is not entitled to receive credit for time spent in community control. Swain v. State, 553 So.2d 1331 (Fla. 1st DCA 1989).

The other issues raised on appeal are without merit.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

ERVIN and…

2Cases cited3 opinions

  1. State v. GreenSupreme Court of Florida · 1989
  2. State v. CarterSupreme Court of Florida · 1989
  3. Swain v. StateDistrict Court of Appeal of Florida · 1989

3Cited by1 opinion

  1. Davis v. StateDistrict Court of Appeal of Florida · 1994

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