Stefano v. State

District Court of Appeal of Florida

Decided November 28, 1979

District Court of Appeal of Florida · decided 1979-11-28

Cited by 2 later decisions — most recently November 1983

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1979-11-28

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LETTS, Judge.

¶1This cause is affirmed but is remanded for resentencing.

¶2There can be no doubt that the trial judge properly intended to give credit for time served and he said so in open court. However the actual sentence did not specify the amount of time to be credited. Section 921.161, Florida Statutes (1977) specifically requires that “[t]he credit must be for a specified period of time and shall be provided for in the sentence.”

¶3AFFIRMED AND REMANDED IN ACCORDANCE HEREWITH.

*DCCCXXXIIANSTEAD, J., concurs in part and dissents in part, with opinion.POWELL, ROM W., Associate Judge, concurs in part and dissents in part, with opinion.LETTS, J., concurring specially with opinion.