From Casetext: Smarter Legal Research

Hunter v. State

District Court of Appeal of Florida, Second District
Nov 4, 1977
351 So. 2d 393 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-1889.

November 4, 1977.

Appeal from Circuit Court, Hillsborough County; Harry Lee Coe, III, Judge.

Jack O. Johnson, Public Defender, Bartow, 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.


We affirm the order revoking appellant's probation. However we remand this case for resentencing of appellant. The present sentence does not specify the amount of credit for time served appellant is to receive as Section 921.161(1), Florida Statutes (1975), requires. 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. Appellant need not be present at resentencing.

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


Summaries of

Hunter v. State

District Court of Appeal of Florida, Second District
Nov 4, 1977
351 So. 2d 393 (Fla. Dist. Ct. App. 1977)
Case details for

Hunter v. State

Case Details

Full title:HUGH OLIVER HUNTER, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 4, 1977

Citations

351 So. 2d 393 (Fla. Dist. Ct. App. 1977)