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McFARLIN v. STATE

No. GG-475.

363 So.2d 405 (1978)

Theodus B. McFARLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 18, 1978.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant's appeal on the merits has been considered and is found to be without merit. The judgment is AFFIRMED. The sentence is technically defective because it does not specify the number of days of credit against the sentence for time served prior to sentencing. The sentence is VACATED and the case REMANDED for resentencing. Appellant need not be present.

MILLS, Acting C.J., and SMITH and ERVIN...

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