Stefano v. State

District Court of Appeal of Florida

Stefano v. State

377 So. 2d 751, 1979 Fla. App. LEXIS 15943

District Court of Appeal of Florida·Decided November 28, 1979·No. Nos. 78-927, 78-938·Published·Cited by 2 cases

Opinions

LETTS, Judge.

This cause is affirmed but is remanded for resentencing.

There can be no doubt that the trial judge properly intended to give credit for time served and he said so in open court. However the actual sentence did not specify the amount of time to be credited. Section 921.161, Florida Statutes (1977) specifically requires that “[t]he credit must be for a specified period of time and shall be provided for in the sentence.”

AFFIRMED AND REMANDED IN ACCORDANCE HEREWITH.

[DCCCXXXII]*DCCCXXXIIANSTEAD, J., concurs in part and dissents in part, with opinion. POWELL, ROM W., Associate Judge, concurs in part and dissents in part, with opinion. LETTS, J., concurring specially with opinion.

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LETTS, Judge.

This cause is affirmed but is remanded for resentencing.

There can be no doubt that the trial judge properly intended to give credit for time served and he said so in open court. However the actual sentence did not specify the amount of time to be credited. Section 921.161, Florida Statutes (1977) specifically requires that “[t]he credit must be for a specified period of time and shall be provided for in the sentence.”

AFFIRMED AND REMANDED IN ACCORDANCE HEREWITH.

[DCCCXXXII]*DCCCXXXIIANSTEAD, J., concurs in part and dissents in part, with opinion. POWELL, ROM W., Associate Judge, concurs in part and dissents in part, with opinion. LETTS, J., concurring specially with opinion.

Stefano v. State, 377 So. 2d 751, 1979 Fla. App. LEXIS 15943 (Fla. Ct. App. 1979).

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Opinions

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