CARROLL OLLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1977-10-05
No. 77-356
BOARDMAN, C. J., and GRIMES and SCHEB, JJ., concur.
350 So. 2d 364 Florida District Court of Appeal, Second District (1977) Negative Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error; therefore, the judgment appealed is affirmed.

The judgment and sentence, 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 Section 921.-161(1), Florida Statutes (1975). Smith v. State, 310 So. 2d 770 (Fla.2d DCA 1975).

Remanded for correction of sentence; otherwise affirmed. Appellant need not be present for this purpose.

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


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    …tional factor in determining whether the neglect was excusable the court may consider whether the defendant subsequently demonstrated due diligence in seeking relief upon learning of the default. See, e. g., Chamberlin v. Mid-Century Insurance Co., 350 So. 2d 364 (Fla.2d DCA 1977) (subsequent delay factor in affirming trial court). We believe that this standard as first enunciated by the Supreme Court of Florida in Russ v. Gilbert, 19 Fla. 54, 57 (1882), cited by the court in Coggin v. Barfield, 150 Fla. 551…
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