SHUPE v. STATE

No. 86-2269.

516 So.2d 73 (1987)

Steven J. SHUPE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 3, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


UPCHURCH, Chief Judge.

We affirm appellant's conviction for burglary of a structure. We also affirm the sentence except that we strike the portion ordering that no gain time shall be allowed until restitution is paid.

It is well settled that a trial court is without authority to prevent gain time and that the award of gain time, pursuant to section 944.275, Florida Statutes, is solely within the province of the Department of Corrections.1...

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