GOMEZ v. STATE, 710 So.2d 1384 (Fla.App. 4 Dist. 1998)

ALBERTO J. GOMEZ, Appellant, v. STATE OF FLORIDA, Appellee.

No. 97-2112District Court of Appeal of Florida, Fourth District.
Opinion filed June 17, 1998 JANUARY TERM 1998

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Virginia Gay Broome, Judge; L.T. Case No. 96-10827CFB02.

Richard L. Jorandby, Public Defender, and Siobhan Helene Shea, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We remand to the trial court with the direction that appellant receive credit for 229 days time served against his sentence. Unlike Harmon v. State, 599 So.2d 754 (Fla. 4th DCA 1992), the record does not demonstrate that the trial court’s original pronouncement was incorrect. Also, based on the concession by the state, we reverse the restitution award and remand for a restitution hearing. See Hamrick v. State, 648 So.2d 274 (Fla. 4th

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DCA 1995). We find no error in the admission of the gun at trial.

STONE, C.J., FARMER and GROSS, JJ., concur.