Legal Opinion

Groves v. State

District Court of Appeal of Florida

Decided February 28, 1978No. 76-432PublishedCited by 1 opinion

1Opinion of the Court

DAUKSCH, Judge.

Upon a review of the evidence, we find it conflicting but sufficient to justify the verdict and support the judgment of conviction of murder in the second degree.

However, we must vacate the sentence and remand for resentencing in order for the appellant to be given credit for time served in jail from arrest to sentencing. Sutton v. State, 334 So.2d 628 (Fla. 4th DCA 1976). The judgment is also defective because it orders confinement at hard labor. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975). Finally, the judgment recites the Appellant was convicted after entering his…

2Cases cited2 opinions

  1. McDonald v. StateDistrict Court of Appeal of Florida · 1975
  2. Sutton v. StateDistrict Court of Appeal of Florida · 1976

3Cited by1 opinion

  1. Sirmons v. StateDistrict Court of Appeal of Florida · 1981

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