VICTOR MURDOCH SHEMWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1980-10-29
No. 80-976
BOARDMAN, Acting C. J., and OTT and RYDER, JJ., concur.
391 So. 2d 218 Florida District Court of Appeal, Second District (1980) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment of the circuit court is affirmed, but the case is remanded for resentencing. The sentence incorrectly failed to provide the period of credit time to be allowed appellant as required by Section 921.-161(1), Florida Statutes (1979). Brooker v. State, 362 So. 2d 697 (Fla. 2d DCA 1978). Appellant need not be present at resentencing.

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


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Citator

Cited By

  • Crawford v. State, 406 So. 2d 1234 (Fla. 2d DCA 1981)
    …PER CURIAM. We affirm the judgment and sentence of the trial court. However, this cause is remanded for determination of the amount of credit for time served, if any, which appellant should be given. Shemwell v. State, 391 So. 2d 218 (Fla.2d DCA 1980); Brooker v. State, 362 So. 2d 697 (Fla.2d DCA 1978). Appellant need not be present for this purpose. GRIMES, A. C. J., and OTT and SCHOONOVER, JJ., concur.…
  • Matthews v. State, 408 So. 2d 781 (Fla. 2d DCA 1982)
    …f the circuit court is affirmed, but the case is remanded for resen-tencing. The sentence incorrectly failed to provide the period of credit time to be allowed appellant as required by section 921.-161(1), Florida Statutes (1979). Shemwell v. State, 391 So. 2d 218 (Fla.2d DCA 1980). Appellant need not be present at resentenc-ing. HOBSON, A.C.J., and BOARDMAN and OTT, JJ., concur.…

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