Gavins v. State
TROY C. GAVINS, Appellant, v. STATE OF FLORIDA, Appellee.
CASE NO. 1D05-2445
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT
February 28, 2007, Opinion Filed
PRIOR HISTORY: [*1] An appeal from the Circuit Court for Walton County. William F. Stone, Judge. Gavins v. State, 2006 Fla. App. LEXIS 21351 (Fla. Dist. Ct. App. 1st Dist., Dec. 13, 2006)
DISPOSITION: AFFIRMED in part, REVERSED in part, and REMANDED.
COUNSEL: Nancy A. Daniels, Public Defender, and Edgar Lee Elzie, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.
JUDGES: BROWNING, C.J. KAHN and DAVIS, JJ., CONCUR.
OPINION BY: BROWNING
OPINION: OPINION ON MOTION FOR CLARIFICATION
BROWNING, C.J.
We withdraw our previous opinion in Gavin v. State, 2006 Fla. App. LEXIS 21351, 31 Fla. L. Weekly D3107 (Fla. 1st DCA Dec. 13, 2006), and submit the following as the opinion of the court. We affirm, without comment, the trial court’s amended judgment and sentence, except as to a scrivener’s error, which we remand for correction. The trial court incorrectly awarded prison credit “for time served and unforfeited gain time previously awarded on counts VI, VII and VIII.” We reverse and remand with instructions to award credits earned [*2] while serving the sentences in counts I-V, IX, and X against the newly imposed sentences in counts VI-VIII.
AFFIRMED in part, REVERSED in part, and REMANDED.
KAHN and DAVIS, JJ., CONCUR.