SHEMWELL v. STATE

No. 80-976.

391 So.2d 218 (1980)

Victor Murdoch SHEMWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 29, 1980.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

The judgment of the circuit court is affirmed, but the case is remanded for resentencing. The sentence incorrectly failed to provide the period of credit time to be allowed appellant as required by Section 921.161(1), Florida Statutes (1979). Brooker v. State, 362 So.2d 697 (Fla. 2d DCA 1978). Appellant need not be present at resentencing.

BOARDMAN, Acting C.J., and OTT and RYDER...

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