MONTERO v. STATE

No. 92-3482.

631 So.2d 369 (1994)

Fabian MONTERO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 9, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We affirm appellant's conviction but, based upon the state's express concession, remand for purposes of deleting any provisions restricting appellant's entitlement to gain time. We reject appellant's claim that the trial court's order did not contemplate that appellant receive credit for his jail term against his community control sentence.

DELL, C.J., and ANSTEAD and KLEIN...

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