Dieckbrader v. State

Full title: WILLIAM E. DIECKBRADER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Sep 30, 1977

350 So. 2d 125 (Fla. Dist. Ct. App. 1977)

Opinion

Nos. 77-99, 77-240.

September 30, 1977.

Appeals from Circuit Court, Hillsborough County; Harry Lee Coe, III, Judge.

Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, 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 SCHEB, JJ., concur.