Opinion
No. 89-00583.
February 23, 1990.
Appeal from the Circuit Court for Hillsborough County; Susan C. Bucklew, Judge.
James Marion Moorman, Public Defender, Bartow, and Andrea Steffen, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.
We affirm the judgment and sentence, but remand for a determination of the amount of credit for time served and gain time to which appellant is entitled. On remand from an invalid departure sentence, appellant must have his credit for all time served and gain time on the original invalid sentence applied against his new jail and probationary sentence. See McCray v. State, 517 So.2d 770 (Fla. 2d DCA 1988); see also State v. Green, 547 So.2d 925 (Fla. 1989).
FRANK, A.C.J., and HALL and PATTERSON, JJ., concur.