Harrison v. Wainwright

District Court of Appeal of Florida

Harrison v. Wainwright

325 So. 2d 423

CourtDistrict Court of Appeal of Florida

DecidedDecember 26, 1975

DocketNo. 74-1663

StatusPublished

This text of 325 So. 2d 423 (Harrison v. Wainwright) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Harrison v. Wainwright, 325 So. 2d 423 (Fla. Ct. App. 1975).

Pincite

Opinion

PER CURIAM.

We have considered all of petitioner’s points on appeal and find no reversible error demonstrated except as to the sentence imposed. It appears the trial court overlooked granting petitioner credit for time served in the county jail prior to sentencing, as required by § 921.161, F.S.1973.

Accordingly, we affirm the judgment of conviction but reverse the sentence and remand the cause with directions that the trial court either (a) resentence petitioner with credit for time served in the county jail prior to sentencing, or (b) enter an order reducing the sentence without calling the petitioner back before the court. Hollingshead v. State, Fla.App.1974, 292 So.2d 617.

Reversed and remanded with directions.

MAGER and DOWNEY, JJ., and TED-DER, GEORGE W., Jr., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI