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Hensley v. State

District Court of Appeal of Florida, Second District
Jul 19, 1978
363 So. 2d 352 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1839.

July 19, 1978.

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

Jack O. Johnson, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


We affirm the judgment of the trial court. However, we agree with appellant that the present sentence does not specify the amount of credit for time served in jail as Section 921.161(1), Florida Statutes (1975) requires. Knight v. State, 349 So.2d 232 (Fla.2d DCA 1977). Moreover it was error for the trial court to assess court costs against appellant after he had been adjudged insolvent. Cox v. State, 334 So.2d 568 (Fla. 1976). Therefore, we reverse the order assessing costs against appellant and release appellant from any obligation to pay these costs.

We remand the case to the trial court for correction of sentence. Appellant does not have to be present for this proceeding.

SCHEB, A.C.J., and OTT and DANAHY, JJ., concur.


Summaries of

Hensley v. State

District Court of Appeal of Florida, Second District
Jul 19, 1978
363 So. 2d 352 (Fla. Dist. Ct. App. 1978)
Case details for

Hensley v. State

Case Details

Full title:JOHN HENSLEY, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 19, 1978

Citations

363 So. 2d 352 (Fla. Dist. Ct. App. 1978)

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