Brunicarde v. State

Florida District Courts of Appeal
Brunicarde v. State, 360 So. 2d 784 (1978)
1978 Fla. App. LEXIS 16267
Danahy, Hobson, Scheb

Brunicarde 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.

The 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. Speller v. State, 305 So.2d 231 (Fla.2d DCA 1974).

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.

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

Reference

Full Case Name
Dennis W. BRUNICARDE v. STATE of Florida
Cited By
1 case
Status
Published