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352 So. 2d 950

Roberts v. State

District Court of Appeal of Florida

Decided December 9, 1977

District Court of Appeal of Florida · decided 1977-12-09

Relies on Smith v. State · 349 So. 2d 794 - Brooks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-12-09

How this case has been cited

Cited by 5 later decisions — most recently November 1995

5 state decisions

20197719801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1After reviewing the briefs and record on appeal, we find appellant has failed to demonstrate any reversible error; therefore, the judgment appealed is affirmed. However, the judgment and sentence of the court, while indicating that appellant was to receive credit for all time served in jail, 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). In addition, the language ordering appellant to be confined “at hard labor” is improper because no existing state statute provides for its imposition as a sentence for any offense. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977).

¶2Remanded for correction of the sentence; otherwise affirmed. Appellant need not be present for this purpose.

GRIMES, Acting C. J., and SCHEB and DANAHY, JJ., concur.
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