Florida District Courts of Appeal, 1977

Moon v. State

Moon v. State
Florida District Courts of Appeal · Decided December 28, 1977 · Grimes, Hobson, Ryder
353 So. 2d 221; 1977 Fla. App. LEXIS 17031 (Southern Reporter, Second Series)

Moon v. State

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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