VICTOR L. BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VICTOR L. BROOKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
349 So. 2d 794
Florida District Court of Appeal, Second District (1977)
Positive Treatment
Cited by 81 cases
Opinion of the Court
PER CURIAM.
The judgment appealed 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 DC A 1975). The appellant does not have to be present at resentencing.
HOBSON, Acting C. J., and McNULTY and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (41 total)
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Russell v. State, 355 So. 2d 441 (Fla. 2d DCA 1978)…PER CURIAM. We affirm the judgment of the trial court. However, the present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975) requires. Brooks v. State, 349 So. 2d 794 (Fla.2d DCA 1977). Therefore, we remand the case for correction of sentence, and appellant need not be present at that time. BOARDMAN, C. J., and GRIMES and OTT, JJ., concur.…
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Marshall v. State, 352 So. 2d 1269 (Fla. 2d DCA 1977)…0 (Fla.3d DCA 1975). However, we agree with appellant that there are imperfections in his sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires. Brooks v. State, 349 So. 2d 794 (Fla.2d DCA 1977). Moreover, the phrase “at hard labor” in the sentence is improper. Brooks v. State, supra. We remand the case for correction of sentence, and appellant need not be present at that time. HOBSON, Acting C. J., and RYDER and DANAHY,…
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Eldridge Lamar Parks v. State, 352 So. 2d 567 (Fla. 2d DCA 1977)…revoking appellant’s probation, but we find that there is an imperfection in appellant’s sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires. Brooks v. State, 349 So. 2d 794 (Fla.2d DCA 1977). We remand the case in order for the trial court to correct the sentence, and appellant need not be present at that time. HOBSON, A. C. J., and RYDER and DANAHY, JJ., concur.…
Previewing 3 of 41 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)
- Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)
- Odom v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)