Cunningham v. State

HARRIS, Chief Judge.

This appeal raises a prison credit issue. Appellant alleged in a post-conviction motion that he received a split sentence of 30 months incarceration followed by 25 years probation for a crime committed in May, 1988. Upon revocation of probation the trial court allowed credit for the time actually served in prison. See §§ 944.28 and 948.06(6), Fla.Stat. (1993). Appellant claimed that he committed his offense before October 1, 1989, the effective date of the statutory amendments which authorize forfeiture of gain time upon revocation of probation.1 Appellant asserted that he…