LINDA LOU CORSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error, therefore, the judgment appealed is affirmed.
The judgment and sentence of the court recites that appellant was sentenced to fifteen years in prison “at hard labor.” To be imprisoned “at hard labor” is improper because no existing Florida statute provides for imprisonment at hard labor as a sentence for any crime. McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975).
Remanded for striking the phrase “at hard labor” in the judgment and sentence; otherwise affirmed. Appellant need not be present for this purpose.
BOARDMAN, C. J., and McNULTY and GRIMES, JJ., concur.
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Sterling Sampson v. State, 375 So. 2d 325 (Fla. 2d DCA 1979)…d not charge appellant with a violation of condition (11). Even had there been evidence that appellant had violated this condition, which there was not, his probation could not be revoked for a violation with which he was not charged. King v. State, 349 So. 2d 738 (Fla. 2d DCA 1977). The finding of a violation of condition (2), not reporting, is supported by substantial, competent evidence but is a technical violation on which we would normally reverse and remand for reconsideration. Tuff v. State, 338 So. 2…
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Cross v. State, 369 So. 2d 685 (Fla. 4th DCA 1979)…violation hearing that the court was simply attempting to get at the true issue which was apparently the defendant’s alcohol problem. However, the court may not revoke a defendant’s probation on a ground not charged in the affidavit. King v. State, 349 So. 2d 738 (Fla. 2d DCA 1977), and Crum v. State, 286 So. 2d 268 (Fla. 4th DCA 1973). The conviction below is, therefore, reversed and the matter remanded for a hearing on the probation violation as alleged or as same may be amended. REVERSED AND REMANDED. D…
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Johnson v. State, 351 So. 2d 754 (Fla. 2d DCA 1977)…ew sentence on the burglary count alone. We note here, that, unlike the original sentence, the new sentence should not imprison appellant to hard labor, as there is no existing statute providing for such punishment for any offense. Corsey v. State, 349 So. 2d 738 (Fla.2d DCA 1977); McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1974). REVERSED AND REMANDED. HOBSON, Acting C. J., SCHEB, J., and McNULTY, JOSEPH P. (Ret.), Associate Judge, concur.…
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- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)