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689 So. 2d 448

Hall v. State

District Court of Appeal of Florida · decided 1997-03-19

Cited by 2 later decisions — most recently February 2002

2 state decisions

Relies on 682 So. 2d 1085 - State v. Montague · Rivera v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-03-19

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PER CURIAM.

¶1We affirm as to the inclusion of victim injury points on appellant’s sentencing score-sheet, as appellant failed to make a contemporaneous objection to their inclusion. State v. Montague, 682 So.2d 1085 (Fla.1996). However, in resentencing appellant, the trial court failed to give the appellant credit for all of the time he had spent in prison on his original sentence. See Rivera v. State, 638 So.2d 148 (Fla. 4th DCA 1994).

¶2We therefore remand to correct the sentence to grant appellant credit for all time served since the original sentencing. Appellant is not required to be present when the trial court corrects the sentence.

STONE, WARNER and POLEN, JJ„ concur.
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