Hall v. State

Full title: PRYOR W. HALL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 19, 1997

689 So. 2d 448 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2045

Opinion filed March 19, 1997

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; L. B. Vocelle, Judge; L.T. Case No. 90-571 CF.

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm as to the inclusion of victim injury points on appellant's sentencing scoresheet, as appellant failed to make a contemporaneous objection to their inclusion. State v. Montague, 682 So.2d 1085 (Fla. 1996). However, in resentencing appellant, the trial court failed to give the appellant credit for all of the time he had spent in prison on his original sentence. See Rivera v. State, 638 So.2d 148 (Fla. 4th DCA 1994).

We therefore remand to correct the sentence to grant appellant credit for all time served since the original sentencing. Appellant is not required to be present when the trial court corrects the sentence.

STONE, WARNER and POLEN, JJ., concur.