RONNIE EUGENE STACEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONNIE EUGENE STACEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
370 So. 2d 75
Florida District Court of Appeal, Second District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error; therefore, the judgment appealed is affirmed.
The only point which merits discussion is the propriety of the appellant’s sentence to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for its imposition as a sentence for any offense. Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974).
Remanded for the purpose of striking the language “at hard labor” from the sentencing order; otherwise affirmed. Appellant need not be present for this purpose.
GRIMES, C. J., and HOBSON and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Curtis v. Evans, 395 So. 2d 1242 (Fla. 5th DCA 1981)…ith regard to his mandatory three-year minimum without merit. We agree with appellant that the phrase “at hard labor” should be stricken. That phrase is hereby stricken as surplusage. In all other respects, the judgment is affirmed. Stacey v. State, 370 So. 2d 75 (Fla.2d DCA 1979); Beard v. State, 369 So. 2d 1024 (Fla.1st DCA 1979). DAUKSCH, C. J., and ORFINGER, J., concur.…
Authorities Cited
- Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974)