ROBERT B. EDWARDS, A/K/A ROBERT BENSON EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1979-07-18
No. 78-2144
ANSTEAD and LETTS, JJ., concur.
373 So. 2d 388 Florida District Court of Appeal, Fourth District (1979) Negative Treatment
Cited by 6 cases
Topics
Effective Assistance Of Counsel Motion For Postconviction Relief Postconviction Relief

Explore caselaw by topic → Browse Effective Assistance Of Counsel cases and more on FLexlaw

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from an order denying relief requested under a motion filed pursuant to Florida Rules of Criminal Procedure 3.860. The appellant has asserted he was denied effective assistance of counsel. Upon an examination of the record we find the appellant was quite well represented by his assistant public defender and that no coercion induced the appellant to plead. Therefore we affirm the order denying post conviction relief. We do note, however, the appellant was sentenced to the state penitentiary “at hard labor”. This is improper because there is no statute providing for sentences at hard labor in Florida any longer. McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975). The order, judgment and sentence are affirmed except the words “at hard labor” are hereby deleted from the sentence.

ANSTEAD and LETTS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Doyall Tompkins v. State, 386 So. 2d 597 (Fla. 5th DCA 1980)
    …, then the trial court shall make findings of fact as required by the statute. In addition, the phrase “at hard labor” is hereby stricken from the sentence as sur-plusage. Manning v. State, 384 So. 2d 46 (Fla.5th DCA May 28, 1980); Edwards v. State, 373 So. 2d 388 (Fla.4th DCA 1979). Judgment and sentence AFFIRMED; Order of Retention VACATED; and case REMANDED with directions. DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., eoncur.…
  • Curry v. State, 385 So. 2d 8 (Fla. 5th DCA 1980)
    …PER CURIAM. AFFIRMED. The phrase “at hard labor” is hereby stricken from the sentence as surplusage. Manning v. State, 384 So. 2d 46 (Fla. 5th DCA 1980); Edwards v. State, 373 So. 2d 388 (Fla. 4th DCA 1979). COBB, FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.…
  • Manning v. State, 384 So. 2d 46 (Fla. 5th DCA 1980)
    …PER CURIAM. AFFIRMED. The phrase “at hard labor” is hereby stricken from the sentence as surplusage. Edwards v. State, 373 So. 2d 388 (Fla. 4th DCA 1979). DAUKSCH, C. J., and ORFINGER and SHARP, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw