GREGORY LEE SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (67 total)

• Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)
  …ealed from is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975). Moreover the phrase “at hard labor” in the sentence is improper. McDonald v. State, 321 So. 2d 453 (Fla. 4th [*795] DC A 1975). The appellant does not have to be present at resentencing. HOBSON, Acting C. J., and McNULTY and SCH…
• Nova v. State, 439 So. 2d 255 (Fla. 3d DCA 1983)
  …ly enforced, and, as here, the defendant is not irrevocably prejudiced by relying on the agreement, the defendant’s remedy for its violation cannot be to compel its performance. See Pringle v, State, 341 So. 2d 535 (Fla. 2d DCA 1977); Odom v. State, 310 So. 2d 770 (Fla. 2d DCA 1975); Barker v. State, 259 So. 2d 200 (Fla. 2d DCA 1972). However, Nova’s inappropriate choice of relief cannot be a basis for affirming the trial court’s denial of his motion. As Rule 3.850 itself notes, it is only when “the motion a…
• McCLAIN v. State, 356 So. 2d 1256 (Fla. 2d DCA 1978)
  …sentence are affirmed, but the case is remanded for resen-tencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975). Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975). Moreover, the phrase “at hard labor” in the sentence is improper because no existing state statute provides for imprisonment at hard labor as a sentence for any offense. Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974). Appell…

Authorities Cited

• Grine v. State, 301 So. 2d 122 (Fla. 2d DCA 1974)