Russell v. State

Full title: BOBBY HARRIS RUSSELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 4, 1977

351 So. 2d 398 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-420.

November 4, 1977.

Appeal from Circuit Court, Hillsborough County; Robert W. Rawlins, Jr., Judge.

Jack O. Johnson, Public Defender, and A.J. Melkus, Special 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 order of the trial court revoking appellant's probation, 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.

HOBSON, Acting C.J., and GRIMES and OTT, JJ., concur.