Johnson v. State

Full title: ELZRA JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 28, 1977

351 So. 2d 82 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-1148.

October 28, 1977.

Appeal from Circuit Court, Sarasota County; Stephen L. Dakan, Judge.

Jack O. Johnson, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

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

PER CURIAM.

We affirm the judgment of the trial court, but we remand this case for resentencing of appellant. The present sentence does not specifically set forth the period of credit time appellant is to receive as Section 921.161(1), Florida Statutes (1975) requires. Smith v. State, 310 So.2d 770 (Fla.2d DCA 1975). Appellant need not be present at resentencing.

McNULTY, Acting C.J., and OTT and RYDER, JJ., concur.