353 So. 2d 221

Johnny Lamar MOON, Appellant, v. STATE of Florida, Appellee.

No. 77-1051.

District Court of Appeal of Florida, Second District.

Dec. 28, 1977.

Jack O. Johnson, Public Defender, Bar-tow, and Stephen O. Rushing, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The judgment appealed from 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); Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). Moreover the phrase “at hard labor” in the sentence is improper. Brooks v. State, supra. The appellant does not have to be present at resentencing.

HOBSON, Acting C. J., and GRIMES and RYDER, JJ., concur.

Moon v. State
353 So. 2d 221

Case Details

Name
Moon v. State
Decision Date
Dec 28, 1977
Citations

353 So. 2d 221

Jurisdiction
Florida

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