Florida District Courts of Appeal, 1977

McNeal v. State

McNeal v. State
Florida District Courts of Appeal · Decided September 23, 1977 · Grimes, McNulty, Ott
350 So. 2d 34; 1977 Fla. App. LEXIS 16437 (Southern Reporter, Second Series)

McNeal v. State

Opinion of the Court

PER CURIAM.

The only point which merits discussion 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 sentenc*35ing order; otherwise affirmed. Appellant need not be present for this purpose.

McNULTY, Acting C. J., and GRIMES and OTT, JJ., concur.

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