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MOORE v. SANFORD

No. 3D00-38.

820 So.2d 1090 (2002)

Michael W. MOORE, Secretary, Department of Corrections, Appellant, v. Jeffrey SANFORD, Appellee.

District Court of Appeal of Florida, Third District.

July 17, 2002.

Attorney(s) appearing for the Case

Sheron L. Wells (Tallahassee), Assistant General Counsel, Florida Department of Corrections, for appellant.

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and COPE, JJ., and NESBITT, Senior Judge.

PER CURIAM.

This is an appeal from an order awarding provisional credits to appellee Jeffrey Sanford. While the case was pending on appeal, the Florida Supreme Court announced Winkler v. Moore, 27 Fla. L. Weekly S373, ___ So.2d ___, 2002 WL 717819 (Fla. April 25, 2002). The order under review is reversed on authority of Winkler. The trial court, of course, did not have the benefit of Winkler when issuing its ruling.

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