354 So. 2d 1262

George E. GOODSON, Appellant, v. STATE of Florida, Appellee.

No. 77-1370.

District Court of Appeal of Florida, Second District.

Feb. 10, 1978.

Jack 0. Johnson, Public Defender, Bar-tow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The 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.

BOARDMAN, C. J., and GRIMES and OTT, JJ., concur.

Goodson v. State
354 So. 2d 1262

Case Details

Name
Goodson v. State
Decision Date
Feb 10, 1978
Citations

354 So. 2d 1262

Jurisdiction
Florida

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