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325 So. 2d 423

Harrison v. Wainwright

District Court of Appeal of Florida

Decided December 26, 1975

District Court of Appeal of Florida · decided 1975-12-26

Relies on Hollingshead v. State

Decided 1975-12-26

PER CURIAM.

¶1We have considered all of petitioner’s points on appeal and find no reversible error demonstrated except as to the sentence imposed. It appears the trial court overlooked granting petitioner credit for time served in the county jail prior to sentencing, as required by § 921.161, F.S.1973.

¶2Accordingly, we affirm the judgment of conviction but reverse the sentence and remand the cause with directions that the trial court either (a) resentence petitioner with credit for time served in the county jail prior to sentencing, or (b) enter an order reducing the sentence without calling the petitioner back before the court. Hollingshead v. State, Fla.App.1974, 292 So.2d 617.

¶3Reversed and remanded with directions.

MAGER and DOWNEY, JJ., and TED-DER, GEORGE W., Jr., Associate Judge, concur.
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