Kilgore v. State

District Court of Appeal of Florida

Kilgore v. State

597 So. 2d 970, 1992 Fla. App. LEXIS 5475, 1992 WL 98242

District Court of Appeal of Florida·Decided May 12, 1992·No. No. 92-47·Published·Cited by 1 cases

Opinion

PER CURIAM.

Scott Kilgore appeals from sentences entered following the revocation of his probation. Upon the State’s proper confession of error, we reverse the sentence imposed for petit theft as it exceeds the statutory maximum, and remand for resentencing in accordance with section 775.082(4)(b), Florida Statutes (1989). Upon resentencing, the trial court shall recompute credit for time served to include the gain time that defendant earned while imprisoned. State v. Green, 547 So.2d 925 (Fla.1989) (when computing time served for credit against sentence imposed after revocation of probation, defendant’s earned gain time must be included).

Reversed and remanded with directions.

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PER CURIAM.

Scott Kilgore appeals from sentences entered following the revocation of his probation. Upon the State’s proper confession of error, we reverse the sentence imposed for petit theft as it exceeds the statutory maximum, and remand for resentencing in accordance with section 775.082(4)(b), Florida Statutes (1989). Upon resentencing, the trial court shall recompute credit for time served to include the gain time that defendant earned while imprisoned. State v. Green, 547 So.2d 925 (Fla.1989) (when computing time served for credit against sentence imposed after revocation of probation, defendant’s earned gain time must be included).

Reversed and remanded with directions.

Kilgore v. State, 597 So. 2d 970, 1992 Fla. App. LEXIS 5475, 1992 WL 98242 (Fla. Ct. App. 1992).

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