King v. State

District Court of Appeal of Florida

King v. State

354 So. 2d 944, 1978 Fla. App. LEXIS 14922

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1978

DocketNo. 77-697

StatusPublished

This text of 354 So. 2d 944 (King v. State) 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

King v. State, 354 So. 2d 944, 1978 Fla. App. LEXIS 14922 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

We affirm the judgment of the trial court. However we agree with appellant that there are imperfections in his judgment and sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires. 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. Finally, the judgment states that appellant entered a plea of guilty to the charge when in fact a jury found him guilty. We remand the case for correction of judgment and sentence, and appellant need not be present at that time.

HOBSON, Acting C. J., and OTT and DANAHY, JJ., concur.

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PER CURIAM.

We affirm the judgment of the trial court. However we agree with appellant that there are imperfections in his judgment and sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires. 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. Finally, the judgment states that appellant entered a plea of guilty to the charge when in fact a jury found him guilty. We remand the case for correction of judgment and sentence, and appellant need not be present at that time.

HOBSON, Acting C. J., and OTT and DANAHY, JJ., concur.

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354 So. 2d 944, 1978 Fla. App. LEXIS 14922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-state-fladistctapp-1978.

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