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WOODS v. STATE

No. 93-30.

627 So.2d 1343 (1993)

Jason WOODS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Woods argues on appeal he is entitled to have his five year sentence followed by five years probation for unlawful sale or delivery of a controlled substance1 specify that he is entitled to 335 days credit. We agree the sentence should reflect the 335 day credit and remand this cause to the trial court for correction. However, this correction will not foreclose the Department of Corrections from forfeiting the gain time earned...

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