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BINKLEY v. STATE

No. 5D04-231.

900 So.2d 650 (2005)

John W. BINKLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 12, 2005.

Attorney(s) appearing for the Case

John W. Binkley, Bowling Green, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

John Binkley appeals the summary denial of his motion to clarify sentence filed pursuant to Rule 3.800, Florida Rule of Criminal Procedure. He contends that the court did not award the correct amount of credit for time served and for unforfeited gain time. We reverse and remand for reconsideration by the trial court.

Binkley entered a plea of no contest to burglary of a dwelling with an assault or battery...

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