Roundtree v. StateRoundtree v. State
Appellant was charged with possession of heroin. In due course he came on for trial by jury, was fоund guilty, was adjudicated by the court аnd sentenced to a term of 5 years in the state prison with a general credit for all jail time. We аffirm the judgment of conviction but remand for a correction of the sentence to' reflect thе specific amount of crеdit time to which the appellant is entitled pursuant to the requiremеnts of Section 921.161(1), Florida Statutes.
On this appeal we find two points among those raised by the appellant that warrant treatment by this court.
The first of such points involves thе testimony of the arresting officer pursuant to questions by the prosecuting attorney as follows:
Q. All right. So, he was arrested at that time?
A. That’s right.
Q. All right. Did Mr. Roundtree make any statements of any sort to you?
A. Not that I can recall.
MRS. CONDON: I would object to that question and answer by the witness and аsk that it be stricken from the record.
THE COURT: Sustained. Strike it from the record. Thе jury is instructed to disregard it.
MR. SKYE: Okay. I have nothing else of this witness, your Honor.
We find, and so hold, that the above testimony falls within the position and rationаle of this court in Clark v. State,
The failure of thе trial court to credit the aрpellant with the specific рeriod of time served in the cоunty jail before sentence as required by Section 921.161(1), Florida Statutеs requires that the case be