JAMES HOLMAN, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the condition of hard labor imposed on the appellant's sentence was illegal because the statutory authority for such a condition had been repealed prior to the commission of the offenses.
The appellant was convicted of burglary with an assault, robbery, and aggravated battery, offenses committed in 1975. The trial court imposed a condit…
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GREEN, J.
This is an appeal from the denial of the appellant’s motion to correct illegal sentence filed pursuant to Florida Rules of Criminal Procedure 3.800(a). Of the several grounds raised by the appellant in his motion, we find only one to be meritorious.
In 1976, the appellant was convicted of burglary with an assault, robbery and aggravated battery, all of which offenses were committed on June 17, 1975. The trial court imposed the condition of hard labor as part of the appellant’s imprisonment sentences. The appellant argues in his 3.800(a) motion that this condition of hard labor was illegal. We agree.
As the second district pointed out in Burney v. State, 705 So. 2d 90, 90 (Fla. 2d DCA 1997), effective July 2, 1970, Chapter 70-340, section 180, Laws of Florida, repealed chapter 922, which had authorized a sentence to hard labor. Thus, where the appellant’s commission of the charged offenses occurred in 1975, the requirement of hard labor constitutes an illegal condition of his sentence. See Zygadlo v. State, 676 So. 2d 1015, 1017 (Fla. 5th DCA 1996); see also Dawson v. State, 360 So. 2d 57, 58 (Fla. 3d DCA 1978); McDonald v. State, 321 So. 2d 453, 458 (Fla. 4th DCA 1975). We therefore affirm the appellant’s convictions and imprisonment sentences but remand with instructions that the hard labor condition of his sentence be stricken.
Affirmed in part and remanded in part with directions.
Cases With Similar Vibessemantic neighbors from the corpus
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Harris v. State, 902 So. 2d 292 (Fla. 3d DCA 2005)…ntence, because, from the facé of the record, it is illegal. The state properly concedes, effective July 2, 1970, Chapter 70-340, section 180, Laws of Florida, repealed chapter 922, which had authorized a sentence of hard labor. See Holman v. State, 740 So. 2d 1258 (Fla. 3d DCA 1999). The crimes for which the appellant was convicted and sentenced occurred in 1975. Thus, the condition of hard labor is illegal and must be stricken from his sentence. We find no merit to appellant’s remaining challenges and affirm…
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Lykins v. State, 894 So. 2d 302 (Fla. 3d DCA 2005)…t’s contention, and the State’s concession, that the trial court erred in denying the motion to strike the condition of hard labor imposed as part of the defendant’s sentence. Hard labor is an illegal condition of this sentence. See Holman v. State, 740 So. 2d 1258 (Fla. 3d DCA 1999). Accordingly, we remand with directions to strike that condition. As to defendant’s constitutional attack on his sentence as violating the prohibition against cruel and/or unusual punishment, while we sympathize with the defenda…
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Williams v. State, 878 So. 2d 455 (Fla. 3d DCA 2004)…PER CURIAM. On remand, the trial court is directed to strike the requirement of “hard labor” from the defendant’s sentence. Holman v. State, 740 So. 2d 1258 (Fla. 3d DCA 1999); Burney v. State, 705 So. 2d 90 (Fla. 2d DCA 1997). In all other respects, the trial court’s order dated November 4, 2003, denying the defendant’s motion to correct illegal sentence is affirmed.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)
- Burney v. State, 705 So. 2d 90 (Fla. 2d DCA 1997)
- Dupree v. State, 705 So. 2d 90 (Fla. 4th DCA 1998)
- Zygadlo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996)
- Ezacuras Dawson v. State, 360 So. 2d 57 (Fla. 3d DCA 1978)