Matthews v. State

Full title: RAYMOND A. MATTHEWS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jan 13, 1982

408 So. 2d 781 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-994.

January 13, 1982.

Appeal from Circuit Court, Hillsborough County; Fred J. Woods, Judge.

Jerry Hill, Public Defender, Bartow, and Robert F. Moeller, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The judgment of the circuit court is affirmed, but the case is remanded for resentencing. The sentence incorrectly failed to provide the period of credit time to be allowed appellant as required by section 921.161(1), Florida Statutes (1979). Shemwell v. State, 391 So.2d 218 (Fla.2d DCA 1980). Appellant need not be present at resentencing.

HOBSON, A.C.J., and BOARDMAN and OTT, JJ., concur.