Opinion
No. 76-1393.
June 24, 1977.
Appeal from Circuit Court, Manatee County; Frank Schaub, Judge.
Jack O. Johnson, Public Defender, and Paul J. Martin, Asst. Public Defender, Bartow, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.
The judgment below is affirmed but the case is remanded for resentencing of appellant reflecting a credit for time served consistent with our opinion in Lingo v. State, 344 So.2d 629 (Fla.2d DCA 1977). Cf. Bacon v. State, 346 So.2d 629 (Fla.2d DCA, filed June 1, 1977). We have considered the other point on appeal, but find it has no merit. The appellant does not have to be present at resentencing.
BOARDMAN, C.J., and HOBSON and GRIMES, JJ., concur.