ROBERT JAMES JABBOUR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a sentence exceeding the statutory maximum for sale of marijuana and including imprisonment 'at hard labor' is improper.
The defendant was sentenced to three years incarceration followed by seven years probation for sale of marijuana. The sentence also included imprisonm…
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PER CURIAM.
The trial judge sentenced Robert James Jabbour to three years incarceration to be followed by seven years probation, which is in excess of the five year maximum sentence permissible for the offense of sale of marijuana. Florida courts have held such sentences to be excessive. Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976); Watts v. State, 328 So. 2d 223 (Fla. 3d DCA 1976); Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976); Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977); Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977); Sherman v. State, 344 So. 2d 870 (Fla. 4th DCA 1977); Walker v. State, 345 So. 2d 780 (Fla. 4th DCA 1977); Wright v. State, 345 So. 2d 782 (Fla. 4th DCA 1977).
The sentence provides that Jabbour serve the three years imprisonment “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 appeal have been considered and are without merit. The judgment and the sentence, as modified, are
Affirmed.
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Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA 1978)…he crime of unlawful possession of a firearm while engaged in a felony is affirmed. The provision in the sentence imposed as to both of the above crimes relating to “hard labor” is hereby stricken as unauthorized under Florida law. Jabbour v. State, 353 So. 2d 202 (Fla. 3d DCA 1977); McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975). Affirmed in part; reversed in part.…
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Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981)…that appellant is entitled to credit for the time he was confined there. Appellant contends, and the state agrees, that there is no longer any provision in Florida law for a sentence to be “at hard labor.” We, likewise, agree. See Jabbour v. State, 353 So. 2d 202 (Fla.3d DCA 1977). We have considered appellant’s other point on appeal and find it to be without merit. We remand with directions that the trial court give appellant credit on his sentence as above specified and that the words “at hard labor” be…
Authorities Cited
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)
- Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976)
- Heatherly v. State, 343 So. 2d 54 (Fla. 4th DCA 1977)
- Holmes v. State, 343 So. 2d 632 (Fla. 4th DCA 1977)
- Moore v. State, 324 So. 2d 690 (Fla. 1st DCA 1976)
- Magnin v. State, 334 So. 2d 638 (Fla. 2d DCA 1976)
- Sherman v. State, 344 So. 2d 870 (Fla. 4th DCA 1977)
- Walker v. State, 345 So. 2d 780 (Fla. 4th DCA 1977)
- Lucas v. State, 350 So. 2d 32 (Fla. 2d DCA 1977)
- Wright v. State, 345 So. 2d 782 (Fla. 4th DCA 1977)