Marcus Duane BUTLER, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
James B. Gibson, Public Defender and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.
ORFINGER, Judge.
After pleading guilty to strong arm robbery, appellant was sentenced as a youthful offender to serve 4 years with the Department of Corrections to be followed by 2 years of community control. After his release from incarceration he violated his community control and was resentenced to a term of 5 1/2 years' imprisonment, a guidelines sentence, with credit for time already served.
Appellant raises two issues. Relying on Wayne v. State,
His second contention is that he is entitled to a full 4 years' credit on his new sentence although he may not have served that full time because of gain time credit. There is no merit to this contention. He is entitled to credit only for the actual time spent in jail or prison. State v. Holmes,
AFFIRMED.
SHARP, C.J., and COBB, J., concur.
NOTES
Notes
[1] See Riley v. Riley,
