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Marshall v. State

District Court of Appeal of Florida, Second District
Dec 16, 1977
352 So. 2d 1269 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-999.

December 16, 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 Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


We affirm the order of the trial court revoking appellant's probation. See Thomas v. State, 317 So.2d 450 (Fla.3d DCA 1975). However, we agree with appellant that there are imperfections in his sentence. The present sentence does 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 sentence is improper. Brooks v. State, supra. We remand the case for correction of sentence, and appellant need not be present at that time.

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


Summaries of

Marshall v. State

District Court of Appeal of Florida, Second District
Dec 16, 1977
352 So. 2d 1269 (Fla. Dist. Ct. App. 1977)
Case details for

Marshall v. State

Case Details

Full title:WILLIE LEE MARSHALL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 16, 1977

Citations

352 So. 2d 1269 (Fla. Dist. Ct. App. 1977)