Malphus v. State

Full title: BERNARD MALPHUS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 18, 1977

351 So. 2d 1135 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-2047.

November 18, 1977.

Appeal from Circuit Court, Hillsborough County; Charles H. Scruggs, III, Judge.

LeRoy H. Merkle, Jr., Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment of the trial court, but we remand the case to the trial court for the correction of appellant's sentence. The present sentence does not specify the amount of credit for time served which appellant is to receive as Section 921.161(1), Florida Statutes (1975), requires. Brooks v. State, 349 So. 794 (Fla.2d DCA 1977). Appellant need not be present for resentencing.

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