Lucas v. State

Florida District Courts of Appeal
Lucas v. State, 350 So. 2d 32 (1977)
1977 Fla. App. LEXIS 16435
Grimes, McNulty, Ott

Lucas v. State

Opinion of the Court

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.

Reference

Full Case Name
Jessie Lee LUCAS v. STATE of Florida
Cited By
1 case
Status
Published