RICHARD L. SHEPPARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2010-08-11
No. 3D10-161
Before COPE, WELLS, and SALTER, JJ.
45 So. 3d 816 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 1 case
Opinion of the Court
WELLS, Judge.

WELLS, Judge.

Richard L. Sheppard appeals an order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Based on the State’s proper confession of error, we reverse the “hard labor” condition of the defendant’s life sentence for second degree murder and remand with instructions that the lower court strike this condition. The defendant need not be present for resentencing. We affirm the denial of the balance of the motion in all respects.

Affirmed in part, reversed in part, and remanded with instructions.

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  • Edgecomb v. State (Fla. 3d DCA 2020)
    …ction 812.13, Florida Statutes.1 Although we deny relief, as Edgecomb is prohibited from filing any pro se pleadings in the lower tribunal, we strike the unauthorized surplusage that petitioner be confined “at hard labor.” See Sheppard v. State, 45 So. 3d 816, 817 (Fla. 3d DCA 2010) (“[W]e reverse the ‘hard labor’ condition of the defendant’s life sentence for second degree murder and remand with instructions that the lower court strike this condition.”); Shade v. State, 925 So. 2d 453, 453 (Fla. 1st…

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