KENNETH DALE PALMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1979-05-31
Nos. MM-260, MM-338
MILLS, Acting C. J., and ROBERT P. SMITH, Jr., and ERYIN, JJ., concur.
371 So. 2d 237 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment of conviction for burglary of a dwelling and the order denying appellant’s motion for post-conviction relief are affirmed. The cause is remanded to the trial court for a determination of whether appellant is entitled to any jail time credit as required by Section 921.161(1), Florida Statutes (1977). Appellant need not be present for this purpose.

MILLS, Acting C. J., and ROBERT P. SMITH, Jr., and ERYIN, JJ., concur.


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  • Wilkerson v. State, 583 So. 2d 428 (Fla. 1st DCA 1991)
    …was rejected in Harden v. State, 290 So. 2d 551 (Fla. 1st DCA 1974). See also Beverly v. State, 330 So. 2d 527 (Fla. 1st DCA 1976); Pegues v. State, 361 So. 2d 433 (Fla. 1st DCA 1978), cert. [*429] denied 368 So. 2d 1372 (Fla.1979); Watson v. State, 371 So. 2d 237 (Fla. 1st DCA 1979). Accordingly, while Wilkerson’s conviction is affirmed, his sentence is vacated. We remand for resentencing after preparation and consideration of a pre-sentence investigation, as required by Rule 3.710, Florida Rules of Crimin…

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