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CROCKETT v. STATE

No. 1D08-0648.

993 So.2d 587 (2008)

Todd CROCKETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 24, 2008.

Attorney(s) appearing for the Case

Todd Crockett, pro se, Appellant.

Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges the trial court's summary denial of his "Motion to correct illegal sentence credit for time served" filed pursuant to Florida Rule of Criminal Procedure 3.800(b). Because the record does not conclusively refute the appellant's claim, we reverse.

Upon a violation of probation and resentencing, an accused is entitled to prison credit for all time served on the charge prior to resentencing. See Swain v. State,

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