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GROVES v. STATE

No. 76-432.

361 So.2d 730 (1978)

Robert D. GROVES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 28, 1978.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Frank B. Kessler, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

DAUKSCH, Judge.

Upon a review of the evidence, we find it conflicting but sufficient to justify the verdict and support the judgment of conviction of murder in the second degree.

However, we must vacate the sentence and remand for resentencing in order for the appellant to be given credit for time served in jail from arrest to sentencing. Sutton v. State, 334 So.2d 628 (Fla. 4th DCA 1976). The judgment is also defective...

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