Legal Opinion

Hurst v. State

District Court of Appeal of Florida

Decided February 1, 1980No. PP-218PublishedCited by 3 opinions

1Opinion of the Court

ROBERT P. SMITH, Judge.

On this appeal from the trial court’s denial of Hurst’s Rule 3.850 motion to correct a sentence in case number 78-289, it appears that the trial court did not state in the judgment and sentence the amount of jail time credit allowed against the sentence, but recited: “Time served in jail already considered.” Ordinarily we would remand with directions to modify the sentence by specifying the number of days credited, and providing that Hurst need not be present for resentencing, Larson v. State, 301 So.2d 491 (Fla. 1st DCA 1974); Kirkland v. State, 357 So.2d 766 (Fla. 1st…

2Cases cited4 opinions

  1. Grizzell v. StateDistrict Court of Appeal of Florida · 1966
  2. Barton v. StateDistrict Court of Appeal of Florida · 1966
  3. Kirkland v. StateDistrict Court of Appeal of Florida · 1978
  4. Larson v. StateDistrict Court of Appeal of Florida · 1974

3Cited by3 opinions

  1. Lee v. StateDistrict Court of Appeal of Florida · 1983
  2. Carrin v. StateDistrict Court of Appeal of Florida · 1984
  3. Johnson v. StateDistrict Court of Appeal of Florida · 1985

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