DWIGHT EUGENE HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DWIGHT EUGENE HALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
352 So. 2d 936
Florida District Court of Appeal, Second District (1977)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The orders revoking appellant’s probation and sentencing him to two consecutive ten year terms are affirmed, but these cases are remanded for resentencing of appellant. The present sentences do not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977). Moreover, the phrase “at hard labor” in the sentences is improper. Brooks v. State, supra. The appellant does not have to be present at re-sentencing.
GRIMES, Acting C. J., and SCHEB and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gunn v. State, 378 So. 2d 105 (Fla. 5th DCA 1980)…unsel prevented these facts, matters and grounds to be on appeal . . . ” Denial of effective assistance of counsel at trial or plea is an issue appropriate for collateral relief. Payne v. State, 362 So. 2d 688 (Fla. 2d DCA 1978); Robinson v. State, 352 So. 2d 936 (Fla. 1st DCA 1977); Chambers v. State, 337 So. 2d 845 (Fla. 2d DCA 1976); Hill v. State, 297 So. 2d 58 (Fla. 2d DCA 1974); Lay v. State, 224 So. 2d 369 (Fla. 4th DCA 1969). This cause, therefore, is remanded to the trial court under a temporary re…
Authorities Cited
- Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)