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MALPHUS v. STATE

No. 76-2047.

351 So.2d 1135 (1977)

Bernard MALPHUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 18, 1977.

Attorney(s) appearing for the Case

LeRoy H. Merkle, Jr., Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment of the trial court, but we remand the case to the trial court for the correction of appellant's sentence. The present sentence does not specify the amount of credit for time served which appellant is to receive as Section 921.161(1), Florida Statutes (1975), requires. Brooks v. State, 349 So. 794 (Fla.2d DCA 1977). Appellant need not be present for resentencing.

HOBSON, Acting C.J., and OTT and DANAHY...

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