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LITVIN v. STATE

No. 93-3443.

639 So.2d 71 (1994)

Brian LITVIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 18, 1994.

Attorney(s) appearing for the Case

Brian Litvin, Punta Gorda, pro se appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan L. Greenberg, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We grant rehearing, withdraw our opinion of December 22, 1993, and substitute the following opinion:

We affirm the trial court order denying post-conviction relief in all respects except with regard to the computation of gain time concerning which the state acknowledges error. Upon sentencing following a violation of probation, Appellant was entitled to a credit for time served, including earned gain time...

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