District Court of Appeal of Florida November 16, 2012, No. 5D12-1502 (Frison v. State)

EVANDER, J.

Andre Frison [“Frison”] appeals the sentence that was imposed upon resen-tencing, arguing that he was not provided the proper credit for time served. We reverse and remand for an evidentiary hearing.

Frison was sentenced in 1989 to life in prison for sexual battery with a deadly weapon pursuant to section 794.011(3), Florida Statutes (1987).1 In 2011, he filed a rule 3.