HERSHELL LEMLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant presents three points for our consideration on this appeal. However, after considering the briefs and record in the cause we find only one has merit. The judgment and sentence entered by the trial court adjudicated the appellant guilty of murder in the second degree and sentenced appellant to the custody of the Division of Corrections “to be imprisoned at hard labor for the rest of his natural life.” Appellant contends that the court failed to give him credit for time served and that it was improper for the trial court to direct that he be imprisoned at hard labor. The appellant is correct on both counts and, accordingly, the judgment and sentence appealed from is reversed and the cause is remanded to the trial court with directions to enter a new judgment and sentence giving appellant credit for time which he served in jail prior to sentencing and eliminating therefrom any direction that he be imprisoned at hard labor. McKnight v. State, 325 So. 2d 79 (Fla. 4th DCA 1976). In all other respects the judgment and sentence are affirmed.
DOWNEY, C. J., and LETTS and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Bell v. State, 573 So. 2d 10 (Fla. 5th DCA 1990)…a 60-day credit for the armed robbery sentence in case number 89-2951 since the sentences in that case were to be served concurrently. Credit is applicable to a life sentence for purposes of calculating eligibility for parole. See Lemley v. State, 362 So. 2d 691 (Fla. 4th DCA 1978); Sutton v. State, 334 So. 2d 628 (Fla. 4th DCA 1976); see also Coleman v. State, 326 So. 2d 217 (Fla. 2d DCA 1976). Bell may also become eligible for conditional release under sections 921.-001(11)(e) and 947.1405, Florida Statut…
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Lowell Ward v. State, 366 So. 2d 875 (Fla. 4th DCA 1979)…of the sentence directing the defendant to be confined “at hard labor” which three quoted words are hereby deleted from the Judgment of Conviction and Imposition of Sentence. McKnight v. State, 325 So. 2d 79 (Fla. 4th DCA 1976) and Lemley v. State, 362 So. 2d 691 (Fla. 4th DCA 1978). AFFIRMED AS MODIFIED. DOWNEY, C. J., and LETTS and BERA-NEK, JJ., concur.…
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Hawthorne v. State, 370 So. 2d 798 (Fla. 4th DCA 1979)…gs made prior to the pleas. In studying this case I was first struck by the allegation in appellant’s brief that he was sentenced to hard labor. If this was true we would correct the sentence or reverse for resentencing, of course. Lemley v. State, 362 So. 2d 691 (Fla. 4th DCA 1978). I have examined each of the sentences and in none of them was the appellant sentenced to hard labor. The sentencing documents are not unclear and nowhere are the words “hard labor” to be found. Next appellant urges he was sent…
Authorities Cited
- Reginal McKNIGHT v. State, 325 So. 2d 79 (Fla. 4th DCA 1976)