Oliver v. State, 556 So. 2d 1247

PER 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); see also State v. Green, 547 So.2d 925 (Fla.1989).

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

Case Details

Case Name: Oliver v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 23, 1990

Citations: 556 So. 2d 1247; 1990 WL 15920; 1990 Fla. App. LEXIS 1100; No. 89-00583

Docket Number: No. 89-00583

Court Abbreviation: Fla. Dist. Ct. App.