PRYOR W. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PRYOR W. HALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
689 So. 2d 448
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm as to the inclusion of victim injury points on appellant’s sentencing score-sheet, as appellant failed to make a contemporaneous objection to their inclusion. State v. Montague, 682 So. 2d 1085 (Fla.1996). However, in resentencing appellant, the trial court failed to give the appellant credit for all of the time he had spent in prison on his original sentence. See Rivera v. State, 638 So. 2d 148 (Fla. 4th DCA 1994).
We therefore remand to correct the sentence to grant appellant credit for all time served since the original sentencing. Appellant is not required to be present when the trial court corrects the sentence.
STONE, WARNER and POLEN, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harris v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001)…nce”); Barcelo v. State, 774 So. 2d 895, 896 (Fla. 4th DCA 2001) (reversing imposition of sentence where “re-sentencing was ‘done and ordered in chambers,’ and no hearing was held”). When a trial court corrects a clerical error, see Brown v. State, 689 So. 2d 448, 448-49 (Fla. 4th DCA 1997) (conforming written sentence to oral pronouncement by deleting provision for probation following incarceration), or cures a defect in the underlying judgment that does not affect the sentence, see McClendon v. State, 689…
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Newfield v. State, 807 So. 2d 199 (Fla. 4th DCA 2002)…PER CURIAM.,, Affirmed. See Hall v. State, 689 So. 2d 448 (Fla. 4th DCA 1997). POLEN, C.J., HAZOURI and MAY, JJ., concur.…
Authorities Cited
- State v. Montague, 682 So. 2d 1085 (Fla. 1996)
- Rivera v. State, 638 So. 2d 148 (Fla. 4th DCA 1994)