Opinion
Nos. MM-260, MM-338.
May 31, 1979.
Appeal from the Circuit Court, Union County, Theron A. Yawn, Jr., J.
Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Lee Mandell, Asst. Atty. Gen., for appellee.
The judgment of conviction for burglary of a dwelling and the order denying appellant's motion for post-conviction relief are affirmed. The cause is remanded to the trial court for a determination of whether appellant is entitled to any jail time credit as required by Section 921.161(1), Florida Statutes (1977). Appellant need not be present for this purpose.
MILLS, Acting C.J., and ROBERT P. SMITH, Jr., and ERVIN, JJ., concur.