JESSIE LEE LUCAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1977-09-23
No. 76-1525
McNULTY, A. C. J., and GRIMES and OTT, JJ., concur.
350 So. 2d 32 Florida District Court of Appeal, Second District (1977) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The only point raised on this appeal is the propriety of appellant’s sentence to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for imprisonment at hard labor as a sentence for any offense. McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975).

Remanded for the purpose of striking the language “at hard labor” from the sentencing order; otherwise affirmed. Appellant need not be present for this purpose.

McNULTY, A. C. J., and GRIMES and OTT, JJ., concur.


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  • Roundtree v. State, 362 So. 2d 1347 (Fla. 1978)
    …ALDERMAN, Justice. By petition for writ of certiorari, the defendant, David Laverne Roundtree, seeks review of the decision by the District Court of Appeal, Second District, in Roundtree v. State, 350 So. 2d 32 (Fla. 2d DCA 1977), which affirms his conviction for possession of heroin. To invoke the jurisdiction of the Supreme Court, the defendant alleges that the decision of the Second District conflicts with Bennett v. State, 316 So. 2d 41 (Fla. 1975); Bo…
  • Jones v. State, 350 So. 2d 362 (Fla. 2d DCA 1977)
    …PER CURIAM. Affirmed. See Clark v. State, 336 So. 2d 468 (Fla. 2d DCA 1976); Roundtree v. State, 350 So. 2d 32 (Fla. 2d DCA 1977), opinion filed September 23, 1977. BOARDMAN, C. J., and SCHEB and OTT, JJ., concur.…
  • Jabbour v. State, 353 So. 2d 202 (Fla. 3d DCA 1977)
    …mprisonment “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for imprisonment at hard labor as a sentence for any offense. McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975); Lucas v. State, 350 So. 2d 32 (Fla. 2d DCA 1977). Therefore, the sentence is modified to the extent that the language “at hard labor” is stricken, and the probationary term is reduced to two years in accordance with the requirements of law. The other points raised on this appea…

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