Florida District Courts of Appeal, 1978

Barnes v. State

Barnes v. State
Florida District Courts of Appeal · Decided January 11, 1978 · Ahy, Boardman, Dan, Ott
353 So. 2d 1250; 1978 Fla. App. LEXIS 14844 (Southern Reporter, Second Series)

Barnes v. State

Opinion of the Court

PER CURIAM.

The judgment appealed is affirmed. We agree, however, with appellant that there is an imperfection in his sentence. The phrase “at hard labor” is improper. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977). We remand the case for correction of sentence and the appellant need not be present at resentencing.

BOARDMAN, C. J., and OTT and DAN-AHY, JJ., concur.

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