Weinstein v. State

We reverse the denial of Weinstein’s rule 3.800(a) motion to correct an illegal sentence imposed upon his violation of probation.

In 1992, Weinstein was initially sentenced to fifteen years in prison, followed by seven years probation. Following his release from prison on June 6, 1997, he violated probation by committing new offenses.

It was not until after his release from prison that an audit awarded him 645 days of additional provisional gain time. The audit was conducted pursuant to Gomez v. Singletary, 733 So.2d 499 (Fla.1998), cert. denied, 528 U.S. 822, 120 S.Ct. 67, 145 L.Ed.2d 58…