DAVID MITCHELL WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1981-05-06
No. 80-2233
SCHEB, C. J., and GRIMES and CAMPBELL, JJ., concur.
397 So. 2d 1199 Florida District Court of Appeal, Second District (1981) Positive Treatment
Cited by 36 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant was adjudicated guilty on a charge of sale of heroin and sentenced to five years in prison “with credit for the original 29 days given plus all credit earned since date of sentence imposed on February 13, 1980.”

The judgment and sentence in this case are affirmed. However, the orders are remanded so that the trial judge may specifically set forth the period of credit time to be allowed. § 921.161(1), Fla.Stat. (1977); Xiques v. State, 369 So. 2d 1007 (Fla.2d DCA 1979).

SCHEB, C. J., and GRIMES and CAMPBELL, JJ., concur.


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  • Lehigh Corp. & U. S. Fid. & Guar. Co. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981)
    …d dissents in part with opinion. * While this language was essentially reinserted into the statutes, via § 440.34(5), Fla.Stat. (Supp.1980), the claimant’s injury occurred before the effective date of the 1980 amendments. See Ship Shape v. Taylor, 397 So. 2d 1199 (Fla. 1st DCA 1981).…
  • S. Bakeries & Kemper Grp. v. Corwin Cooper, 659 So. 2d 339 (Fla. 1st DCA 1995)
    …the entitlement to a service, and the source of payment therefor, as a matter of substance. See Clay Hyder Trucking v. Atherton, 450 So. 2d 318 (Fla. 1st DCA 1984); Webb v. Hills Van Service, 414 So. 2d 262 (Fla. 1st DCA 1982); Ship Shape v. Taylor, 397 So. 2d 1199 (Fla. 1st DCA 1981). Section 440.13(5) is likewise properly viewed as effecting a substantive change in the law, insofar as it alters the parties’ obligation to pay for the claimant’s independent medical examination. Section 440.13(5) thus does not…
  • City OF Miami v. Lucious E. Burnett, 596 So. 2d 478 (Fla. 1st DCA 1992)
    …this court cites as authority for attorney fees section 440.-34(5), Florida Statutes (1980), although the date of accident was May 31, 1975. This precise problem was addressed by this court and resolved against the claimant in Ship Shape v. Taylor, 397 So. 2d 1199, 1201 (Fla. 1st DCA 1981), wherein this court explained that the appropriate law for award of attorney fees is the law in effect on the date of the accident. On May 31, 1975, the law in effect providing for the award of attorney fees against the emp…

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