RICHARD KINDRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1976-08-13
No. 75-1824
MAGER, C. J., and DOWNEY and ALDERMAN, JJ., concur.
336 So. 2d 480 Florida District Court of Appeal, Fourth District (1976) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have considered the briefs and record in this case and find no merit to appellant’s contentions except that as the appellee concedes, the sentence to “hard labor” is surplusage and should be stricken. McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975). In all other respects the judgment and sentence is affirmed.

MAGER, C. J., and DOWNEY and ALDERMAN, JJ., concur.


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  • M.R.R. v. State, 411 So. 2d 983 (Fla. 3d DCA 1982)
    …State v. Nixon, 295 So. 2d 121 (Fla. 3d DCA 1974) (whether pocket knife is deadly weapon is for trier of fact); Forchion v. State, 214 So. 2d 751 (Fla. 3d DCA 1968) (whether stick was deadly weapon was question for jury). See, e.g., Austin v. State, 336 So. 2d 480 (Fla. 3d DCA 1976) (chemical spray was not deadly weapon); Rogan v. State, 203 So. 2d 24 (Fla. 3d DCA 1967) (flower pot not deadly weapon), and cases collected, footnote 1, in Rogan v. State, supra at 25. Since the State concedes that the instrume…
  • Sanchez v. State, 349 So. 2d 765 (Fla. 3d DCA 1977)
    ….A. 1970); Dempsey v. State, 238 So. 2d 446 (Fla. 3rd D.C.A. 1970); McCoy v. State, 277 So. 2d 845 (Fla. 2d D.C.A. 1973); State v. Nixon, 295 So. 2d 121 (Fla. 3rd D.C.A. 1974); Warren v. State, 332 So. 2d 361 (Fla. 3rd D.C.A. 1976); Austin v. State, 336 So. 2d 480 (Fla. 3rd D.C.A. 1976); Sowell v. State, 342 So. 2d 969 (Fla. 1977); Oregon v. Mathiason, 429 U.S. 492, 97 S.Ct. 711, 50 L.Ed.2d 714 (1977); Sections 59.041, 924.33, Florida Statutes (1975).…
  • Scott v. State, 490 So. 2d 1326 (Fla. 3d DCA 1986)
    …PER CURIAM. Affirmed. State v. Marshall, 476 So. 2d 150 (Fla.1985); Houser v. State, 474 So. 2d 1193 (Fla.1985); State v. Murray, 443 So. 2d 955 (Fla.1984); State v. James, 404 So. 2d 1181 (Fla. 2d DCA 1981); Austin v. State, 336 So. 2d 480 (Fla. 3d DCA 1976); Jones v. State, 217 So. 2d 588 (Fla. 3d DCA 1969).…

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