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Kegler v. State

District Court of Appeal of Florida, Second District
Dec 28, 1977
353 So. 2d 218 (Fla. Dist. Ct. App. 1977)

Opinion

Nos. 77-698 and 77-705.

December 28, 1977.

Appeals from the Circuit Court for 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 judgment of the trial court and the order revoking appellant's probation, but we agree with appellant that there are imperfections in the two sentences which the court imposed upon him. The present sentences do not specify the amount of credit for time served 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 sentences is improper. Brooks v. State, supra. We remand these cases for correction of the sentences, and appellant need not be present at that time.

SCHEB, Acting C.J., and OTT and DANAHY, JJ., concur.


Summaries of

Kegler v. State

District Court of Appeal of Florida, Second District
Dec 28, 1977
353 So. 2d 218 (Fla. Dist. Ct. App. 1977)
Case details for

Kegler v. State

Case Details

Full title:THOMAS CHARLES KEGLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 28, 1977

Citations

353 So. 2d 218 (Fla. Dist. Ct. App. 1977)