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MARTIN v. STATE

No. 5D01-1543.

816 So.2d 1213 (2002)

Timothy MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 24, 2002.

Attorney(s) appearing for the Case

Timothy Martin, Bushnell, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

The appellant, Timothy Martin ("Martin"), challenges the denial of his Rule 3.850 motion1 on the ground that he failed to receive credit for previous gain time as promised by the trial court. At the sentencing hearing, the trial court resentenced Martin to "nine years Department of Corrections with credit for the five years—well, the State will give him credit for that." When Martin specifically questioned the trial court...

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