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NEIL v. STATE

No. 96-3057.

699 So.2d 1392 (1997)

Earnest Lee NEIL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 17, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall and Kelli R. Orndorff, Assistant Attorneys General, Daytona Beach, for Appellee.

PER CURIAM.

ON MOTION FOR CLARIFICATION

We grant the motion for clarification on the issue of Neil's entitlement to credit for time served, in the event this issue might be relevant in his anticipated 3.850 motion. A defendant is entitled to credit for time served on community control during the pendency of his suspended sentence. Norton v. State, 691 So.2d 616 (Fla. 5th DCA 1997), Warrington v. State...

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