Florida District Courts of Appeal, 1978

Douglas v. State

Douglas v. State
Florida District Courts of Appeal · Decided January 20, 1978 · Grimes, Hobson, Ott
353 So. 2d 1279; 1978 Fla. App. LEXIS 14874 (Southern Reporter, Second Series)

Douglas v. State

Opinion of the Court

PER CURIAM.

The judgment appealed from is affirmed, but this case is remanded for resentencing of the 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). Smith v. State, 310 So.2d 770 (Fla.2d DCA 1975). Moreover, the phrase “at hard labor” in the sentence is improper. Speller v. State, 305 So.2d 231 (Fla.2d DCA 1974). Appellant need not be present for this purpose.

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

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