Brooks v. State

Victor L. BROOKS, Appellant, v. STATE of Florida, Appellee.

Decided September 2, 1977.

District Court of Appeal of Florida · decided 1977-09-02

Cited by 40 later decisions — most recently February 1980 · most notably Russell v. State (1978), Marshall v. State (1977)

40 state decisions

Relies on Smith v. State · 321 So. 2d 453 - McDonald v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-09-02

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¶1Jack O. Johnson, Public Defender, Bartow, and Stephen Lindsey Gorman, Tallahassee, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4The 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); Smith v. State, 310 So.2d 770 (Fla. 2d DCA 1975). Moreover the phrase "at hard labor" in the sentence is improper. McDonald v. State, 321 So.2d 453 (Fla. 4th *795 DCA 1975). The appellant does not have to be present at resentencing.

¶5HOBSON, Acting C.J., and McNULTY and SCHEB, JJ., concur.