¶1The judgment appealed from is affirmed, but this case is remanded for resentencing of the 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. Speller v. State, 305 So.2d 231 (Fla.2d DCA 1974). Appellant need not be present for this purpose.
353 So. 2d 1279
Douglas v. State
District Court of Appeal of Florida
Decided January 20, 1978
District Court of Appeal of Florida · decided 1978-01-20
Relies on Smith v. State · Speller v. State
Decided 1978-01-20