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DONAHUE v. STATE

No. 77-1137.

353 So.2d 222 (1977)

Herman DONAHUE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 28, 1977.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.

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

PER CURIAM.

The judgment appealed from is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). Moreover the phrase "at hard labor" in the sentence is improper. Brooks v. State, supra. The appellant does...

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