JAMES ALEXANDER, A/K/A RONALD JOHNSON, A/K/A JESSIE MCMILLIAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES ALEXANDER, A/K/A RONALD JOHNSON, A/K/A JESSIE MCMILLIAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
404 So. 2d 173
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The provision in appellant’s sentence that he be confined “at hard labor” is not authorized by law, is surplusage, and as such is hereby stricken. Massey v. State, 351 So. 2d 376 (Fla. 1st DCA 1977). As amended, the sentence is affirmed.
The appeal from the conviction for grand theft is dismissed without prejudice to appellant to file a motion for post-conviction relief under Fla.R.Crim.P. 3.850. See Wilson v. State, 378 So. 2d 1258, 1260 (Fla.1st DCA 1979), rev’d on other grounds, 395 So. 2d 520 (Fla.1981); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979); Hall v. State, 397 So. 2d 1041 (Fla. 5th DCA 1981).
SHAW and THOMPSON, JJ., and LILES, WOODIE A. (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gandy v. State, 560 So. 2d 1363 (Fla. 1st DCA 1990)…authorized by law in Florida. Calhoun v. State, 403 So. 2d 1082, 1084 (Fla. 1st DCA 1981). Therefore, those portions of the sentences relating to the “hard labor” language are stricken and the sentences, as amended, are affirmed. Alexander v. State, 404 So. 2d 173 (Fla. 1st DCA 1981). AFFIRMED. NIMMONS, J., and FORD L. THOMPSON, (Ret.), Associate Judge, concur. . For a similar distinction between 3.800(a) and 3.850 motions, see Johnson v. State, 557 So. 2d 223 (Fla. 1st DCA 1990). . Rule 3.850 expressly p…
Authorities Cited
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- State v. Wilson, 395 So. 2d 520 (Fla. 1981)
- Anne Slater Phillips v. Slater, 378 So. 2d 1258 (Fla. 3d DCA 1979)
- Massey v. State, 351 So. 2d 376 (Fla. 1st DCA 1977)
- Hall v. State, 397 So. 2d 1041 (Fla. 5th DCA 1981)