BOBBY FARRIS ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1977-12-09
No. 77-801
GRIMES, Acting C. J., and SCHEB and DANAHY, JJ., concur.
352 So. 2d 950 Florida District Court of Appeal, Second District (1977) Positive Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

After reviewing the briefs and record on appeal, we find appellant has failed to demonstrate any reversible error; therefore, the judgment appealed is affirmed. However, the judgment and sentence of the court, while indicating that 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). In addition, the language ordering appellant to be confined “at hard labor” is improper because no existing state statute provides for its imposition as a sentence for any offense. Brooks v. State, 349 So. 2d 794 (Fla.2d DCA 1977).

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

GRIMES, Acting C. J., and SCHEB and DANAHY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Hayden v. Hayden, 662 So. 2d 713 (Fla. 4th DCA 1995)
  • Granville v. Paulina Delp Granville, 445 So. 2d 362 (Fla. 1st DCA 1984)
    …f the award, Cannon v. Morris, 407 So. 2d 372 (Fla.1st DCA 1981), and that it is within the discretion of the trial judge to allow evidence of assets owned by either or both parties when considering modification of child support. See Dixon v. Moody, 352 So. 2d 950 (Fla.1st DCA 1977). Such discretion is not unbridled, however. Florida Rule of Civil Procedure 1.280(c), dealing with protective orders, provides: Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the…
  • Tash v. Oesterle, 380 So. 2d 1316 (Fla. 3d DCA 1980)
    …ts directly to her. The father admits he has made none of the required child support payments to the mother since 1975. Evidence of the assets of the parties as well as the earnings of their respective spouses was properly admitted. Dixon v. Moody, 352 So. 2d 950 (Fla.1st DCA 1977). Ordinarily, child support arrearages become vested in the custodial parent. Petrucci v. Petrucci, 252 So. 2d 867 (Fla.3d DCA 1971). Payments made for the benefit of the child may, under equitable considerations, entitle that par…

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