Opinion
No. 77-421.
January 13, 1978.
Appeal from Circuit Court, Hillsborough County; Herboth S. Ryder, Judge.
Jack O. Johnson, Public Defender, Bartow, and Stephen O. Rushing, Asst. Public Defender, Tampa, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.
The judgment appealed from is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); 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. The appellant does not have to be present at resentencing.
HOBSON, A.C.J., and SCHEB and OTT, JJ., concur.