Florida District Courts of Appeal, 1977

Lucas v. State

Florida District Courts of Appeal · Decided September 23, 1977 · Grimes, McNulty, Ott

350 So. 2d 32; 1977 Fla. App. LEXIS 16435 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Jabbour v. State (Fla. Dist. Ct. App. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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