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MANN v. STATE

No. 90-2468.

585 So.2d 1197 (1991)

Smith Augustus MANN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 26, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Since the trial court erred by not giving Mann earned gain time when computing his time to be credited against his three year sentence, after revocation of probation, we quash the sentence and remand for resentencing pursuant to Johnson v. State, 557 So.2d 203 (Fla. 5th DCA 1990).

QUASH sentence; REMANDED for resentencing.

COBB, W. SHARP and DIAMANTIS...

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