JOHNNY CARL WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOHNNY CARL WILLIAMS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
878 So. 2d 455
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006)…rplusage, the existence of which should not affect substantial rights.” Earnest & Stewart, Inc. v. Codina 732 So. 2d 364, 366 (Fla. 3d DCA 1999). A few decisions, mostly from the Third District, have expressed this view. See Delpa, Inc. v. Martinez, 878 So. 2d 455, 455 (Fla. 3d DCA 2004); Gulf Coast Transp., Inc. v. Padron, 782 So. 2d 464, 465 (Fla. 2d DCA 2001); Kaplan v. Goldfarb, 777 So. 2d 1208, 1208 (Fla. 3d DCA 2001). Applying the plain meaning of rule 1.442, we agree with those courts that have treate…
Authorities Cited
- Burney v. State, 705 So. 2d 90 (Fla. 2d DCA 1997)
- Dupree v. State, 705 So. 2d 90 (Fla. 4th DCA 1998)
- Holman v. State, 740 So. 2d 1258 (Fla. 3d DCA 1999)