¶1The judgment appealed 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 because no existing state statute provides for imprisonment at hard labor as a sentence for any offense. Speller v. State, 305 So.2d 231 (Fla. 2d DCA 1974). Appellant need not be present at resentencing.
354 So. 2d 1262
Goodson v. State
District Court of Appeal of Florida
Decided February 10, 1978
District Court of Appeal of Florida · decided 1978-02-10
Cited by 2 later decisions — most recently February 1984
2 state decisions
Relies on Smith v. State · Speller v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1978-02-10
View the full empirical analysis of this case →