MICHAEL CORDERO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL CORDERO, APPELLANT,
STATE OF FLORIDA, APPELLEE
380 So. 2d 548
Florida District Court of Appeal, Second District (1980)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment and order of the trial court. However, we agree with appellant that the phrase “at hard labor” in his sentence is improper. Brooks v. State, 349 So. 2d 794 (Fla.2d DCA 1977). Accordingly, we remand this case in order for the trial judge to correct the sentence, and appellant need not be present at that time.
GRIMES, C. J., and RYDER and DAN-AHY, JJ., concur.
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Fisher v. State, 482 So. 2d 587 (Fla. 1st DCA 1986)…re set out in this rule be followed in order to insure due process to the accused and failure to do so must result in reversal. Ledlow v. State, 346 So. 2d 609 (Fla. 1st DCA 1977); Garber v. State, 335 So. 2d 609 (Fla. 2d DCA 1976); Holden v. State, 380 So. 2d 548 (Fla. 2d DCA 1980). Even technical errors, such as a failure to recite in the judgment those facts upon which the adjudication of guilt was based, require a reversal. Osborne v. State, 430 So. 2d 551 (Fla. 2d DCA 1983). In the present case, a requi…
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Kahn v. State, 447 So. 2d 1048 (Fla. 4th DCA 1984)…against him, inquire whether he can show cause why he should not be adjudged guilty of contempt, and give him an opportunity to present evidence of mitigating circumstances. Compliance with these procedural safeguards is mandatory. Holden v. State, 380 So. 2d 548 (Fla. 2d DCA 1980). We therefore reverse and remand with directions to conduct a hearing in compliance with Rule 3.830. REVERSED AND REMANDED WITH DIRECTIONS. DOWNEY, HERSEY and DELL, JJ., concur.…
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Gidden v. State, 593 So. 2d 294 (Fla. 5th DCA 1992)…o. 2d 1176 (Fla. 2d DCA 1989). . See White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987); Wells v. State, 487 So. 2d 1101 (Fla. 5th DCA), appeal dismissed, 491 So. 2d 281 (Fla.1986); Kahn v. State, 447 So. 2d 1048 (Fla. 4th DCA 1984); Holden v. State, 380 So. 2d 548 (Fla. 2d DCA 1980); Keezel v. State, 358 So. 2d 247 (Fla. 4th DCA 1978); Vines v. Vines, 357 So. 2d 243 (Fla. 2d DCA 1978); Ray v. State, 352 So. 2d 110 (Fla. 1st DCA 1977), cert. denied, 360 So. 2d 1250 (Fla.1978); Simkovitz v. State, 340 So. 2d 95…
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- Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)