CHARLES WILLIE HILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1980-08-13
No. 79-90/T4-365
DAUKSCH, C. J., and ORFINGER and COBB, JJ., concur.
386 So. 2d 629 Florida District Court of Appeal, Fifth District (1980) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a burglary conviction. Appellant challenges the conviction by urging the evidence was legally insufficient. We find the evidence to be legally sufficient but do note the appellant was sentenced to prison “at hard labor.” The judgment and sentence is hereby modified to delete the words “at hard labor.”

AFFIRMED as modified.

DAUKSCH, C. J., and ORFINGER and COBB, JJ., concur.


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  • Logan Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1982)
    …judge, that a preserved issue is legally dispositive and an appeal is viable. See Hardison v. State, 385 So. 2d 738 (Fla. 2d DCA 1980) (dismissing appeal without affording appellant right to withdraw his plea entered after Brown); Campbell v. State, 386 So. 2d 629 (Fla. 5th DCA 1980) (affirming without addressing nondispositive suppression issue); Webb v. State, 373 So. 2d 400 (Fla. 1st DCA 1979) (affirming without addressing one of two suppression issues on ground not legally dispositive where plea entered p…
  • Vaughn v. State, 711 So. 2d 64 (Fla. 1st DCA 1998)
    …the wiretap was not dispositive. See, e.g., Sune v. State, 402 So. 2d 11 (Fla. 3d DCA 1981) (motion to suppress recordings of conversations not dis-positive because evidence to same effect was available through witness testimony); Campbell v. State, 386 So. 2d 629 (Fla. 5th DCA 1980) (motion to suppress evidence not dis-positive because state had other evidence with which to try appellant). Accordingly, we dismiss the appeal. See State v. Carr, 438 So. 2d 826 (Fla.1983) (approving dismissal of appeal on groun…
  • Jester v. State, 405 So. 2d 177 (Fla. 5th DCA 1981)
    …PER CURIAM. Affirmed. Brown v. State, 376 So. 2d 382 (Fla.1979); Campbell v. State, 386 So. 2d 629 (Fla. 5th DCA 1980). COBB, FRANK D. UPCHURCH, Jr., and COWART, JJ., concur.…

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