SMITH v. STATE

No. 95-3312.

682 So.2d 147 (1996)

Tyler SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 30, 1996.


Attorney(s) appearing for the Case

Tyler Smith, Madison, pro se.

No appearance required for appellee.


STEVENSON, J.

Appellant was re-sentenced to prison after he violated the probationary portion of a split sentence. By letter, the Department of Corrections (D.O.C.) informed appellant that he would be given credit for the actual time he spent in prison, but that he would not be credited with unforfeited gain time because it was not expressly provided for in the sentencing order. Appellant filed this rule 3.800 motion with the trial court alleging that he is entitled...

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