Opinion
No. 93-3443.
May 18, 1994.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Jeffrey E. Streitfeld, Judge.
Brian Litvin, Punta Gorda, pro se appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan L. Greenberg, Asst. Atty. Gen., West Palm Beach, for appellee.
We grant rehearing, withdraw our opinion of December 22, 1993, and substitute the following opinion:
We affirm the trial court order denying post-conviction relief in all respects except with regard to the computation of gain time concerning which the state acknowledges error. Upon sentencing following a violation of probation, Appellant was entitled to a credit for time served, including earned gain time. The Appellant was initially incarcerated prior to October 1, 1989. See Tripp v. State, 622 So.2d 941 (Fla. 1993); Thomas v. State, 627 So.2d 1295 (Fla. 5th DCA 1993); Jean v. State, 627 So.2d 592 (Fla. 2d DCA 1993); Springer v. State, 626 So.2d 327 (Fla. 1st DCA 1993).
The record reflects that Appellant is entitled to a credit of four years served in prison plus 312 days in jail.
Affirmed in part, reversed in part, and remanded for further proceedings.
ANSTEAD, GUNTHER and STONE, JJ., concur.