Stefano v. State

1979 Fla. App. LEXIS 15943 · District Court of Appeal of Florida · Nov 28, 1979

Full text

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

Opinions in this case

Majority — Letts
Concurrence — Letts
Concurrence in part — Anstead
Concurrence in part — Powellrom

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 IN ACCORDANCE HEREWITH. DCCCXXXII ANSTEAD, J., concurs in part and dissents in part, with opinion. POWELL, ROM W., Associate Judge, concurs in part and dissents in part, with opinion. LETTS, J., concurring specially with opinion.

Notice

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Metadata

Status: Published
Author: Letts
Judges: Anstead, Dcccxxxiianstead, Letts, Powell, Rom
Cluster ID: 7572063

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Citations

1979 Fla. App. LEXIS 15943
377 So. 2d 751

Cited by

Lee v. State
District Court of Appeal of Florida · Nov 8, 1983
Norris v. State
District Court of Appeal of Florida · Apr 23, 1980

Parentheticals

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