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Gonzalez v. State

District Court of Appeal of Florida, Second District
Dec 9, 1977
352 So. 2d 944 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-419.

December 9, 1977.

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

Jack O. Johnson, Public Defender, and Douglas A. Wallace, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


We affirm the judgment of the trial court. 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.

GRIMES, Acting C.J., and SCHEB and DANAHY, JJ., concur.


Summaries of

Gonzalez v. State

District Court of Appeal of Florida, Second District
Dec 9, 1977
352 So. 2d 944 (Fla. Dist. Ct. App. 1977)
Case details for

Gonzalez v. State

Case Details

Full title:IRAN J. GONZALEZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 9, 1977

Citations

352 So. 2d 944 (Fla. Dist. Ct. App. 1977)