Shemwell v. State

Full title: VICTOR MURDOCH SHEMWELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 29, 1980

391 So. 2d 218 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-976.

October 29, 1980.

Appeal from Circuit Court, Hendry County; James R. Adams, Judge.

Jack O. Johnson, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, 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). Brooker v. State, 362 So.2d 697 (Fla. 2d DCA 1978). Appellant need not be present at resentencing.

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