JOHN JAMES EGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant Egan appeals his judgment of conviction for receiving stolen property knowing it to be stolen on which he was sentenced to five years’ imprisonment at hard labor. We have examined all points of appeal directed to the judgment of conviction and find them to be without merit. The sentence imposed, however, is erroneous insofar as it directs appellant’s imprisonment to be “at hard labor.” McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975); Martinez v. State, 360 So. 2d 108 (Fla.3d DCA 1978). Accordingly, the cause is remanded with directions that the words “at hard labor” be stricken from appellant’s sentence. The judgment of conviction appealed from is otherwise affirmed.
AFFIRMED.
ANSTEAD and LETTS, JJ., and WETH-ERINGTON, GERALD T., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Taylor v. State, 409 So. 2d 1222 (Fla. 4th DCA 1982)…PER CURIAM. The court erred in sentencing appellant to a term of imprisonment at “hard labor,” and that portion requiring the sentence to be served at “hard labor” is stricken. Egan v. State, 364 So. 2d 1263 (Fla. 4th DCA 1978). In all other respects, the judgment and sentence are affirmed. AFFIRMED as modified. LETTS, C. J., and DOWNEY and BERA-NEK, JJ., concur.…
-
Densmore v. State, 372 So. 2d 524 (Fla. 4th DCA 1979)…ce to affirm the revocation of appellant’s probation. The trial court erred, however, in sentencing appellant to a term of imprisonment at “hard labor”, and that portion requiring the sentence to be served at “hard labor” is stricken. Egan v. State, 364 So. 2d 1263 (Fla. 4th D.C.A. 1978). In all other respects, the judgment and sentence is affirmed. AFFIRMED as modified. DOWNEY, C. J., and CROSS, J., concur.…
-
Williams v. State, 373 So. 2d 386 (Fla. 4th DCA 1979)…LETTS, Judge. The cause is affirmed but remanded with directions that the words “at hard labor” be stricken from appellant’s sentence. Egan v. State, 364 So. 2d 1263 (Fla. 4th DCA 1978). ANSTEAD and DAUKSCH, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)
- Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA 1978)