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CLARK v. STATE

No. 94-2551.

656 So.2d 252 (1995)

Sharon CLARK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied June 30, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.

Rehearing and Rehearing En Banc Denied June 30, 1995.

PER CURIAM.

We reverse appellant's sentence and remand with direction to reconsider the credit for gain-time to be awarded to appellant.

Section 948.06(6), Florida Statutes (1989), provides in pertinent part that upon revocation of probation or community control, gain time accrued prior to release on probation or community control may be deemed to be forfeited. However, this statute is not applicable...

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