Russell v. State

RYDER, Judge.

William Russell challenges his sentence as a habitual offender, raising four points on appeal. We agree with his first contention that the trial court’s refusal to allow him gain time conflicted with our mandate in a previ*577ous appearance of this case on appeal. Because we reverse based on this first issue, it is unnecessary for us to address Russell’s other points.

When this case first appeared before us, we remanded it to the trial court “for entry of an order which permits Russell, who was designated by the trial court to be a habitual offender but was sentenced to a guidelines…