HERMAN DONAHUE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERMAN DONAHUE, APPELLANT,
STATE OF FLORIDA, APPELLEE
353 So. 2d 222
Florida District Court of Appeal, Second District (1977)
Positive Treatment
Cited by 10 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); 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. The appellant does not have to be present at resentencing.
HOBSON, Acting C. J., and GRIMES and RYDER, JJ., concur.
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Sambrine v. State, 386 So. 2d 546 (Fla. 1980)…r writ of certiorari seeking review of a decision by the Third District Court of Appeal, reported at 355 So. 2d 825 (Fla. 3d DCA 1978), which conflicts with the decisions in State v. Riggins, 348 So. 2d 1209 (Fla. 4th DCA 1977), and Lytwyn v. State, 353 So. 2d 222 (Fla. 1st DCA 1977). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. (1972). [*547] Petitioner was charged with two counts of manslaughter by culpable negligence, section 782.07, Florida Statutes (1975), and two counts of manslaughter by operati…1 / 2
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State v. Roose, 450 So. 2d 861 (Fla. 3d DCA 1984)…ate, 423 So. 2d 488 (Fla. 1st DCA 1982) (blood test inadmissible even though drawn by authorized person when taken without direction of law enforcement officer as statute requires); State v. Wills, 359 So. 2d 566 (Fla. 2d DCA 1978); Lytwyn v. State, 353 So. 2d 222 (Fla. 1st DCA 1977), cert. denied, 361 So. 2d 835 (Fla.1978); see Drury v. Harding, 443 So. 2d 360 (Fla. 1st DCA 1983) (results admissible because test conducted in compliance with HRS rules deemed controlling as adopted before trial although after…
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Woodward v. Duval Motor Co., 391 So. 2d 700 (Fla. 1st DCA 1980)…ffective July 1, 1968. That statute has been interpreted as barring the results of chemical tests as evidence unless the motorist first gives his consent to submit to the tests. State v. Riggins, 348 So. 2d 1209 (Fla. 4th DCA 1977); Lytwyn v. State, 353 So. 2d 222 (Fla. 1st DCA 1977); McDonald v. State, 364 So. 2d 1241 (Fla. 2d DCA 1978); Smith v. State, 378 So. 2d 281 (Fla.1979); Sambrine v. State, 386 So. 2d 546 (Fla.1980). And, if the driver refuses consent, he must suffer the sanction of having his licens…
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- Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)