FREDERICK GRONEAU AND DANIEL MAZEK, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1979-05-02
No. 78-1605
BOARDMAN, Acting C. J., and RYDER and DANAHY, JJ., concur.
370 So. 2d 822 Florida District Court of Appeal, Second District (1979)

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Holding

The court held that the trial judge's failure to specify jail credit was not reversible error because the record did not show the appellants were incarcerated prior to trial.


Facts & Procedural History

Appellants contended the trial judge erred by not specifying credit for time spent in jail awaiting trial on their sentences. The judgment and sentenc…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

After reviewing the briefs and record on appeal, we find that appellants have failed to demonstrate any reversible error. Therefore, the judgments and sentences appealed are affirmed.

One point raised by appellants does merit discussion, however. Appellants contend that the trial judge erred in failing to specify on their sentences the amount of credit due to them for time spent in the county jail awaiting trial, as required by Section 921.161, Florida Statutes (1977). The judgment and sentence forms do indeed fail to provide for credit for time served. However, the record does not indicate that appellants were incarcerated prior to trial. Appellants therefore have not demonstrated that the failure to specify credit for time served was error. Accordingly, we affirm without prejudice for appellants to raise this issue pursuant to Fla.R.Crim.P. 3.850 with sufficient factual allegations to show that they are entitled to credit for time served under Section 921.-161.

BOARDMAN, Acting C. J., and RYDER and DANAHY, JJ., concur.


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