RONALD EDWARD SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD EDWARD SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
353 So. 2d 662
Florida District Court of Appeal, Second District (1977)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment of the trial court, but we agree with appellant that the phrase “at hard labor” in his sentence is improper. Brooks v. State, 349 So. 2d 794 (Fla.2d DCA 1977). Therefore, we remand this case for correction of sentence, and appellant need not be present at that time.
HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Fort Lauderdale v. Fowler, 355 So. 2d 159 (Fla. 4th DCA 1978)…company benefit program as being retirement, pension or annuity income . . Section 443.-06(8), Florida Statutes. . On the eve of publication of this opinion we note the case of Florida Department of Commerce Division of Employment Security v. Todd, 353 So. 2d 662 (Fla. 2d DCA 1978), Opinion filed Jan. 4, 1978, in which that Court came to the same conclusion which we do in the case at bar. . The Department of Commerce, Division of Employment Security filed a waiver of its right to file a brief in this case.…
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State of Fla. Dep't OF Commerce v. Longe, 361 So. 2d 741 (Fla. 4th DCA 1978)…acated that order saying Mr. Longe should be allowed to recoupe the amount he contributed to the retirement fund. As we held in City of Ft. Lauderdale v. Fowler, 355 So. 2d 159 (Fla. 4 DCA 1978); and as it was held in Fla. Dept. of Commerce v. Todd, 353 So. 2d 662 (Fla. 2 DCA 1978), we again hold that a person receiving retirement or pension benefits cannot receive unemployment compensation in any week in which his retirement or pension benefits meet or exceed the unemployment compensation to which he would h…
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In re the Est. of Lawrence Edward Odom v. Est. of Lawrence Edward Odom, 397 So. 2d 420 (Fla. 2d DCA 1981)…ath of the father, proof of paternity shall be “clear and convincing.” Initially, therefore, we would seem bound by the maxim that the courts cannot supply by judicial decree what the legislature has omitted. Florida Department of Commerce v. Todd, 353 So. 2d 662 (Fla.2d DCA 1978). Here, however, we have precedent which we believe supplies the standard of proof necessary in actions brought to establish paternity after the death of the father. In re McCollum’s Estate, 88 So. 2d 537 (Fla.1956), considered an a…
Authorities Cited
- Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)