GERALD FRANCIS VANORMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1978-07-12
No. 77-1794
HOBSON, Acting C. J., and BOARD-MAN and OTT, JJ., concur.
360 So. 2d 802 Florida District Court of Appeal, Second District (1978) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the judgment of the trial court. However, the present sentence contains the phrase “hard labor” which is improper. Knight v. State, 349 So. 2d 232 (Fla.2d DCA 1977). We remand the case for correction of sentence. Appellant need not be present at that time.

HOBSON, Acting C. J., and BOARD-MAN and OTT, JJ., concur.


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  • Faison v. State, 390 So. 2d 728 (Fla. 5th DCA 1980)
    …error was fundamental because the state failed to allege and prove a larceny under the former statute and the court failed to properly instruct on the essential elements of a larceny. Walsingham v. State, 250 So. 2d 857 (Fla.1971); Koltay v. State, 360 So. 2d 802 (Fla. 2d DCA 1978). Therefore we must reverse as to Count II. AFFIRMED in part and REVERSED in part. DAUKSCH, C. J., concurs. CROSS, J., concurs only in conclusion.…
  • Carron v. State, 414 So. 2d 288 (Fla. 2d DCA 1982)
    …ission of another crime. . Unfortunately, there is no standard jury instruction on kidnapping. . Our decision to require additional jury instructions in order to explain judicial refinements of statutory offenses is not new. E.g., Koltay v. State, 360 So. 2d 802 (Fla.2d DCA 1978); Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967). . The specific shortcoming to which we refer is in the second paragraph where the phrases “was not of minimal duration” and “was with significant movement” are stated in the con…
  • Latti v. State, 364 So. 2d 828 (Fla. 2d DCA 1978)
    …ial element of every larceny is the intent of the offender to personally deprive the owner of the possession, use and enjoyment of his property and to convert that property to the use and enjoyment of some other person. Recently in Koltay v. State, 360 So. 2d 802 (Fla. 2d DCA 1978), this court held that in a case involving grand larceny by false pretenses the trial court must instruct the jury on the essential elements of the crime of false pretenses. These elements are 1) false representation of a past or e…

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