DANNY RAY REGISTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DANNY RAY REGISTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
354 So. 2d 914
Florida District Court of Appeal, Second District (1978)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The judgment appealed 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.
GRIMES, Acting C. J., and SCHEB and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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McCRAY v. State, 397 So. 2d 1229 (Fla. 3d DCA 1981)…unishment if they were unsuccessful in their attempt to inflict injury. The Legislature did not intend to allow such acts to go unpunished, however. The [*1231] general ‘attempt’ statute will reach those situations, [e. s.] See also, Hall v. State, 354 So. 2d 914 (Fla. 2d DCA 1978); Osborn v. State, 345 So. 2d 755 (Fla. 4th DCA 1977); Irving v. State, 337 So. 2d 1014 (Fla. 2d DCA 1976), cert. denied, 348 So. 2d 953 (Fla.1977). There is therefore a perfectly reasonable explanation, in accordance with the sup…
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Fredericks v. State, 675 So. 2d 989 (Fla. 1st DCA 1996)…verdict in the case before us amounted to an acquittal of the principal charge. Appellant has not been acquitted of the offense of attempted aggravated assault, which, as argued by the state, is an offense under Florida Statutes. See Hall v. State, 354 So. 2d 914 (Fla. 2d DCA 1978). We hold that the appropriate remedy, therefore, is a new trial on the offense of attempted aggravated assault. REVERSED and REMANDED for new trial in accordance with the foregoing opinion and decision. MINER and MICKLE, JJ., an…
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Piantadosi v. State, 399 So. 2d 382 (Fla. 3d DCA 1981)…tate, 355 So. 2d 1227 (Fla.3d DCA 1978) (affirming judgment of conviction for attempted second-degree arson, notwithstanding that second degree arson requires proof of damage to a structure); State v. White, 324 So. 2d 630 (Fla.1976); Hall v. State, 354 So. 2d 914 (Fla.2d DCA 1978) (attempted assault is offense, notwithstanding that assault requires proof that victim was placed in fear of imminent violence). . “If the offense attempted ... is ... any burglary, the person convicted shall be guilty of a felony…
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- Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)