CURTIS V. EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CURTIS V. EVANS, APPELLANT,
STATE OF FLORIDA, APPELLEE
395 So. 2d 1242
Florida District Court of Appeal, Fifth District (1981)
Caution
Cited by 16 cases
Opinion of the Court
COBB, Judge.
This case is before us on an appeal of the trial court’s denial of the appellant’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.
Appellant attacks his sentence on two grounds. We find his argument with 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Tal-Mason v. State, 515 So. 2d 738 (Fla. 1987)…enying her credit for time spent in a live-in drug rehabilitation program, a condition of her probation. 398 So. 2d at 816. We approved the district court’s decision. Id. Accord Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981); Turner v. State, 395 So. 2d 1242 (Fla. 1st DCA 1981). Turning now to the facts of this case, we find that commitment for incompetence, unlike probationary rehabilitation, infringes upon significant liberty interests in a particularly coercive manner. Probationary conditions are mo…
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Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993)…rrect Crabtree’s judgment to reflect his conviction for 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 DC…
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O'Neill v. State, 861 So. 2d 1234 (Fla. 2d DCA 2003)…county jail. In its order denying O’Neill’s motion, the trial court correctly concluded that O’Neill is not entitled to credit for the 92 days he served in a restitution center. See Self v. State, 504 So. 2d 810 (Fla. 2d DCA 1987); Turner v. State, 395 So. 2d 1242 (Fla. 1st DCA 1981). However, the trial court failed to address O’Neill’s claim that he served 220 days in the county jail. Therefore, we reverse and remand for the trial court to reconsider O’Neill’s claim for jail credit. See Crawford v. State, 82…
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- Beard v. State, 369 So. 2d 1024 (Fla. 1st DCA 1979)
- Stacey v. State, 370 So. 2d 75 (Fla. 2d DCA 1979)