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BLACKMON v. STATE

No. 91-3606.

609 So.2d 643 (1992)

Dwayne BLACKMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 7, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Mallorye Cunningham, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing, vacate our previous opinion, and substitute the following opinion.

We reverse the trial court's failure to credit Blackmon with unearned gain-time on the authority of L.V. Thomas v. State, 605 So.2d 1286 (Fla. 4th DCA 1992). On remand, the trial court is instructed to credit Blackmon with twenty-four months of gain-time.

REVERSED...

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