Avery v. State

Full title: KEITH EDWARD AVERY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Sep 9, 1977

350 So. 2d 19 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-275.

September 9, 1977.

Appeal from Circuit Court, Hillsborough County; Robert W. Rawlins, Jr., Judge.

Jack O. Johnson, Public Defender, and James A. Cornelius, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The judgment 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), Smith v. State, 310 So.2d 770 (Fla.2d DCA 1975). The appellant does not have to be present at resentencing.

BOARDMAN, C.J., and GRIMES and OTT, JJ., concur.