HARRISON v. WAINWRIGHT

No. 74-1663.

325 So.2d 423 (1975)

Darnell HARRISON, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent.

District Court of Appeal of Florida, Fourth District.

December 26, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Craig Barnard, Asst. Public Defender, West Palm Beach, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for respondent.


PER CURIAM.

We have considered all of petitioner's points on appeal and find no reversible error demonstrated except as to the sentence imposed. It appears the trial court overlooked granting petitioner credit for time served in the county jail prior to sentencing, as required by § 921.161, F.S. 1973.

Accordingly, we affirm the judgment of conviction but reverse the sentence and remand the cause with directions that the trial court either (a) resentence...

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