Hamilton v. StateHamilton v. State
Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
BOARDMAN, Judge.
Appellant, Julius Hamilton, seeks reversal of judgments and sentences imposed upon him pursuant to his guilty pleas to the charges of robbery, in this Baggett1 appeal. On March 5, 1971, the trial judge sentenced appellant to serve concurrent thirty-year terms in state prison without credit for time previously spent in jail awaiting trial.
We have considered the complete record, applicable statutory authority and decisional law and find that appellant has not demonstrated reversible error.
We are convinced after a study of the colloquy of the hearing at the time appellant pled guilty to the offense with which he had been charged that he did so upon advice of counsel and that the said plea was knowingly, intelligently and understandingly made by him. His contention to the contrary is without merit.
The other point raised by appellant on appeal does have merit. It concerns the matter of his reduction of sentence. We find that Chapter 73-71, Laws of Florida, 1973, amending
Accordingly, we remand this case for the sole purpose of permitting the trial court to correct the sentences pursuant to the statute, supra, in which it is required that the appellant be given credit for time spent in jail awaiting trial. It is pointed out the judgments and sentences entered by the trial court on March 5, 1971, were consistent and in accordance with existing law. The judgments and sentences are affirmed and the case remanded with directions to the trial court to reduce the sentences as indicated herein. This action
Affirmed and remanded for reduction of sentences.
McNULTY, C.J., and HOBSON, J., concur.