DE STEFANO v. STATE

Nos. 78-927, 78-938.

377 So.2d 751 (1979)

John DE STEFANO, Thomas Hayes and Angela Weiner, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 4, 1980.


Attorney(s) appearing for the Case

Richard Ware Levitt of Law Offices of Gerald B. Lefcourt, New York City, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles W. Musgrove and Max Rudmann, Asst. Attys. Gen., West Palm Beach, for appellee.


LETTS, Judge.

This cause is affirmed but is remanded for resentencing.

There can be no doubt that the trial judge properly intended to give credit for time served and he said so in open court. However the actual sentence did not specify the amount of time to be credited. Section 921.161, Florida Statutes (1977) specifically requires that "[t]he credit must be for a specified period of time and shall be provided for in the sentence."

AFFIRMED AND REMANDED...

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