DAVID WILLIAM PRYOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1980-11-26
No. 80-73
DAUKSCH, C. J., and ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.
390 So. 2d 475 Florida District Court of Appeal, Fifth District (1980) Negative Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

The phrase “at hard labor” is hereby stricken from the sentence as surplusage. Curry v. State, 385 So. 2d 8 (Fla. 5th DCA 1980); Manning v. State, 384 So. 2d 46 (Fla. 5th DCA 1980).

DAUKSCH, C. J., and ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.


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  • Barfield v. State, 396 So. 2d 793 (Fla. 1st DCA 1981)
    …was credible or his information otherwise reliable, and, he argues that since no such findings were made in the instant case, the lower court erroneously denied the motion to suppress. The holding in St John has since been eroded by Baxter v. State, 390 So. 2d 475 (Fla. 1st DCA 1980), by permitting a probable cause determination to be upheld if the record is found adequate to support an implicit finding of veracity. The task of the reviewing court is to deter [*794] mine, as in generally all other cases then,…
  • Pierluigi Mancini v. State, 448 So. 2d 573 (Fla. 1st DCA 1984)
    …not clear whether the defendant was referring to the cocaine discovered at his apartment or the cocaine earlier seized from his automobile. . The same distinction exists between the case sub judice and the circumstances involved in Baxter v. State, 390 So. 2d 475 (Fla. 1st DCA 1980), a case relied upon by the state, and in Comparato v. State, 419 So. 2d 1131, 1133 (Fla. 1st DCA 1982). . The court in Ross, although adhering to its holding in Sanders, see 456 U.S. at 824, 102 S.Ct. at 2172, receded from some…
  • Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993)
    …or a first degree felony, and to strike the condition of hard labor. See Gandy v. State, 560 So. 2d 1363 (Fla. 1st DCA 1990); Iannucci v. State, 400 So. 2d 139 (Fla. 5th DCA 1981); Evans v. State, 395 So. 2d 1242 (Fla. 5th DCA 1981); Pryor v. State, 390 So. 2d 475 (Fla. 5th DCA 1980); McDonald v. State, 321 So. 2d 453, 458 (Fla. 4th DCA 1975), rev. on other grounds after remand, 345 So. 2d 755 (Fla. 4th DCA 1977); Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974). AFFIRMED; REMANDED to Correct Sentence. D…

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