Florida District Courts of Appeal, 1977

Carson v. State

Carson v. State
Florida District Courts of Appeal · Decided September 16, 1977 · Boardman, Hobson, Ott
349 So. 2d 839; 1977 Fla. App. LEXIS 16400 (Southern Reporter, Second Series)

Carson v. State

Opinion of the Court

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 record indicates appellant was sentenced to prison “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.

BOARDMAN, C. J., and HOBSON and OTT, JJ., concur.

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