Florida District Courts of Appeal, 1980

Shemwell v. State

Shemwell v. State
Florida District Courts of Appeal · Decided October 29, 1980 · Boardman, Ott, Ryder
391 So. 2d 218; 1980 Fla. App. LEXIS 18206 (Southern Reporter, Second Series)

Shemwell v. State

Opinion of the Court

PER CURIAM.

The judgment of the circuit court is affirmed, but the case is remanded for resen-tencing. The sentence incorrectly failed to provide the period of credit time to be allowed appellant as required by Section 921.-161(1), Florida Statutes (1979). Brooker v. State, 362 So.2d 697 (Fla. 2d DCA 1978). Appellant need not be present at resentenc-ing.

BOARDMAN, Acting C. J., and OTT and RYDER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.