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Florida District Courts of Appeal, 1977

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided December 30, 1977 · Hobson, Ott, Ryder
353 So. 2d 662; 1977 Fla. App. LEXIS 17038 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment of the trial court, but we agree with appellant that the phrase “at hard labor” in his sentence is improper. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). Therefore, we remand this case for correction of sentence, and appellant need not be present at that time.

HOBSON, Acting C. J., and OTT and RYDER, JJ., concur.

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