BOWENS v. STATE

No. 93-2688.

645 So.2d 18 (1994)

Willie B. BOWENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 1, 1994.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Judge.

The issue on this appeal concerns the state's attempt to modify the defendant's sentence through the elimination of gain time.

On December 14, 1992, the defendant's probation was revoked and he was sentenced to 4 1/2 years incarceration with 3 years and 43 days credit. Seven months later, after receiving some type of correspondence from the Department of Corrections, the state filed a "Motion to Correct Illegal Sentence" which claimed that the...

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