Florida District Courts of Appeal, 1977

Gardner v. State

Gardner v. State
Florida District Courts of Appeal · Decided December 2, 1977 · Danahy, Grimes, Scheb
352 So. 2d 578; 1977 Fla. App. LEXIS 16809 (Southern Reporter, Second Series)

Gardner v. State

Opinion of the Court

PER CURIAM.

The only point which merits discussion is the propriety of appellant’s sentence to life in prison “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. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977).

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.

GRIMES, Acting C. J., and SCHEB and DANAHY, JJ., concur.

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