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Florida District Courts of Appeal, 1977

Welborn v. State

Welborn v. State
Florida District Courts of Appeal · Decided November 4, 1977 · Grimes, Joseph, McNulty, Ret, Scheb
351 So. 2d 398; 1977 Fla. App. LEXIS 16784 (Southern Reporter, Second Series)

Welborn v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment of the trial court. However we agree with appellant that it was improper for the trial court to imprison him at hard labor. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). The case is remanded in order to correct the sentence, and the appellant need not be present at that time.

GRIMES, Acting C. J., SCHEB, J., and McNULTY, JOSEPH P. (Ret.), Associate Judge, concur.

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