SCOTT KILGORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
SCOTT KILGORE, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
597 So. 2d 970
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Scott Kilgore appeals from sentences entered following the revocation of his probation. Upon the State’s proper confession of error, we reverse the sentence imposed for petit theft as it exceeds the statutory maximum, and remand for resentencing in accordance with section 775.082(4)(b), Florida Statutes (1989). Upon resentencing, the trial court shall recompute credit for time served to include the gain time that defendant earned while imprisoned. State v. Green, 547 So. 2d 925 (Fla.1989) (when computing time served for credit against sentence imposed after revocation of probation, defendant’s earned gain time must be included).
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stevenson v. State, 614 So. 2d 10 (Fla. 5th DCA 1993)…venson cannot lose his accrued gain time based upon his violation of probation. State v. Green, 547 So. 2d 925 (Fla.1989); Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992); Barfield v. State, 599 So. 2d 259 (Fla. 4th DCA 1992); Kilgore v. State, 597 So. 2d 970 (Fla. 3d DCA 1992). The state disagrees, however, that the sentence in the instant case requires correction since the trial court’s order only recommends and does not require forfeiture of gain time. We disagree. It is a function of the trial court…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)