Gallopo v. State

Full title: JOSEPH J. GALLOPO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 21, 1977

350 So. 2d 844 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-1679.

October 21, 1977.

Appeal from the Circuit Court for Pasco County; Lawrence E. Keough, Judge.

Jack O. Johnson, Public Defender, and David S. Bergdoll, Asst. Public Defender, Bartow, for appellant.

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

PER CURIAM.

We affirm the judgment of the trial court, but we remand this case for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as Section 921.161(1), Florida Statutes (1975), requires. Smith v. State, 310 So.2d 770 (Fla.2d DCA 1975). The appellant does not have to be present at resentencing.

HOBSON, Acting C.J., and McNULTY and SCHEB, JJ., concur.