THOMAS v. STATE

No. 91-2459.

605 So.2d 1286 (1992)

L.V. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 10, 1992.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We reverse. Appellant is entitled to receive a five year credit for the state prison portion of his split sentence.

At the sentencing hearing for the violation of the probation portion of appellant's split sentence, the prosecutor convinced the trial judge to forfeit "any unearned gain-time" attributable to early release from state prison, pursuant to section 948.06(6), Florida Statutes (Supp. 1990). However, at oral argument the state conceded...

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