Legal Opinion

Oliver v. State

District Court of Appeal of Florida

Decided February 23, 1990No. 89-00583PublishedCited by 2 opinions

1Per curiam

We affirm the judgment and sentence, but remand for a determination of the amount of credit for time served and gain time to which appellant is entitled. On remand from an invalid departure sentence, appellant must have his credit for all time served and gain time on the original invalid sentence applied against his new jail and probationary sentence. See McCray v. State, 517 So.2d 770 (Fla. 2d DCA 1988); *1248see also State v. Green, 547 So.2d 925 (Fla.1989).

FRANK, A.C.J., and HALL and PATTERSON, JJ., concur.

2Cases cited2 opinions

  1. State v. GreenSupreme Court of Florida · 1989
  2. McCray v. StateDistrict Court of Appeal of Florida · 1988

3Cited by2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 1992
  2. Netherly v. StateDistrict Court of Appeal of Florida · 2004