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Jenkins v. State

District Court of Appeal of Florida, Second District
Jun 23, 1977
346 So. 2d 1055 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-1542.

June 1, 1977. Rehearing Denied June 23, 1977.

Appeal from the Circuit Court, Hillsborough County, Charles H. Scruggs, III, J.

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

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


Appellant appeals from a judgment and sentence for robbery entered following revocation of probation. The sentence was life imprisonment "with credit time."

Only one point merits discussion, that relating to the failure of the trial court to state the specific period of time for which appellant was entitled to credit. Section 921.161 Florida Statutes (1975), reads in pertinent part:

"The credit must be for a specified period of time and shall be provided for in the sentence."

Thus, the trial court should have specified how much credit time appellant was entitled to have notwithstanding the imposition of a life sentence.

Cf. Sutton v. State, 334 So.2d 628 (Fla. 4th DCA 1976).

Accordingly, the judgment and sentence appealed from should be, and they are hereby, affirmed; but this cause is remanded with directions to the trial court to enter an order amending the sentence so as to specify the period of jail time credit. Appellant need not be returned to the court for this purpose.

Affirmed, but remanded with directions.

McNULTY, Acting C.J., and GRIMES and OTT, JJ., concur.


Summaries of

Jenkins v. State

District Court of Appeal of Florida, Second District
Jun 23, 1977
346 So. 2d 1055 (Fla. Dist. Ct. App. 1977)
Case details for

Jenkins v. State

Case Details

Full title:NEIL ROBERT JENKINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 23, 1977

Citations

346 So. 2d 1055 (Fla. Dist. Ct. App. 1977)

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