ROBERT J. GRINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HOBSON, Acting Chief Judge.
The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment appealed is affirmed.
However, there appears to be a discrepancy between the sentence pronounced in open court and the sentence order filed on November 16, 1973. The trial court sentenced appellant to a term of three years in the state prison, and stated:
“You will be given credit for the time you have already spent in the county jail.”
The sentence order specified that appellant would receive no credit for time spent in county jail.
The cause is therefore remanded to the trial court for the purpose of entering a corrective sentence order specifically set ting forth the period of credit time allowed appellant in accordance with § 921.161(1) F.S.
The judgment is affirmed and the cause is remanded with directions.
McNULTY and BOARDMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)…t and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by F.S. § 921.161(1), Grine v. State, Fla.App.2d 1974, 301 So. 2d 122. Remanded for correction of judgment and sentence; otherwise affirmed. McNULTY, C. J., and HOBSON and SCHEB, JJ., concur.…
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Marshall v. State, 310 So. 2d 55 (Fla. 2d DCA 1975)…time he had been incarcerated since January 22, 1972, specifying the period of time allowed. Chambers v. State, Fla.App.2d 1974, 293 So. 2d 752; North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656; Grine v. State, Fla.App.2d 1974, 301 So. 2d 122; § 921.161(1) F.S. This action may be taken by the trial court without the appellant appearing before the court. The judgment is affirmed and the cause is remanded with directions. BOARDMAN and GRIMES, JJ., concur.…
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Deaver v. State, 326 So. 2d 222 (Fla. 2d DCA 1976)…So. 2d 561, but failed to give him credit for 128 days he had spent in jail on the charge prior to the recent arrest. Appellant was entitled to credit for all jail time served before sentence. Sec. 921.161(1) F.S.; Grine v. State, Fla.App.2nd 1974, 301 So. 2d 122; Lawrence, supra; Nash v. State, Fla.App.2nd, 1975, 313 So. 2d 118. See also State v. Jones, Fla.1976, 327 So. 2d 18. The judgments appealed are affirmed, but the cause is remanded to the trial court with directions that the court enter a correctiv…
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