Florida District Courts of Appeal, 1977

Malphus v. State

Malphus v. State
Florida District Courts of Appeal · Decided November 18, 1977 · Danahy, Hobson, Ott
351 So. 2d 1135; 1977 Fla. App. LEXIS 16941 (Southern Reporter, Second Series)

Malphus v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment of the trial court, but we remand the case to the trial court for the correction of appellant’s sentence. The present sentence does not specify the amount of credit for time served which appellant is to receive as Section 921.161(1), Florida Statutes (1975), requires. Brooks v. State, 349 So. 794 (Fla.2d DCA 1977). Appellant need not be present for resentencing.

HOBSON, Acting C. J., and OTT and DANAHY, JJ., concur.

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