Legal Opinion

Donahue v. State

District Court of Appeal of Florida

Decided December 28, 1977No. 77-1137PublishedCited by 1 opinion

1Per 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.

2Cases cited1 opinion

  1. Brooks v. StateDistrict Court of Appeal of Florida · 1977

3Cited by1 opinion

  1. Lytwyn v. StateDistrict Court of Appeal of Florida · 1977