Florida District Courts of Appeal, 1977

Kennedy v. State

Kennedy v. State
Florida District Courts of Appeal · Decided September 30, 1977 · Boardman, Grimes, Scheb
350 So. 2d 126; 1977 Fla. App. LEXIS 16463 (Southern Reporter, Second Series)

Kennedy v. State

Opinion of the Court

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate reversible error; therefore, the judgment appealed is affirmed.

*127The only point which merits discussion is the propriety of the appellant’s sentence to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for its imposition 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 GRIMES and SCHEB, JJ., concur.

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