Donahue v. State

353 So. 2d 222, 1977 Fla. App. LEXIS 17032
District Court of Appeal of Florida·Decided December 28, 1977·No. No. 77-1137·Published·Cited by 1 cases

Opinion

PER CURIAM.

The judgment appealed from is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). Moreover the phrase “at hard labor” in the sentence is improper. Brooks v. State, supra. The appellant does not have to be present at resentencing.

HOBSON, Acting C. J., and GRIMES and RYDER, JJ., concur.

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Donahue v. State, 353 So. 2d 222, 1977 Fla. App. LEXIS 17032 (Fla. Ct. App. 1977).

353 So. 2d 222 (Donahue v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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