Hall v. State
District Court of Appeal of Florida
1Per curiam
We affirm as to the inclusion of victim injury points on appellant’s sentencing score-sheet, as appellant failed to make a contemporaneous objection to their inclusion. State v. Montague, 682 So.2d 1085 (Fla.1996). However, in resentencing appellant, the trial court failed to give the appellant credit for all of the time he had spent in prison on his original sentence. See Rivera v. State, 638 So.2d 148 (Fla. 4th DCA 1994).
We therefore remand to correct the sentence to grant appellant credit for all time served since the original sentencing. Appellant is not required to be present when the…
2Cases cited2 opinions
- State v. MontagueSupreme Court of Florida · 1996
- Rivera v. StateDistrict Court of Appeal of Florida · 1994
3Cited by1 opinion
- Newfield v. StateDistrict Court of Appeal of Florida · 2002