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OLIVER v. STATE

No. 89-00583.

556 So.2d 1247 (1990)

Robert OLIVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 23, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Andrea Steffen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

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);

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