Florida District Courts of Appeal, 1978

Talbert v. State

Talbert v. State
Florida District Courts of Appeal · Decided September 15, 1978 · Booth, Melvin, Smith
362 So. 2d 172; 1978 Fla. App. LEXIS 16609 (Southern Reporter, Second Series)

Talbert 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; however, the provision in appellant’s sentence that he be imprisoned “at hard labor” is improper. Ussery v. State, 350 So.2d 839 (Fla. 1st D.C.A. 1977); McDonald v. State, 321 So.2d 453 (Fla. 4th D.C.A. 1975). Accordingly, this ease is REMANDED for the purpose of striking the language “at hard labor” from the sentencing order; it is otherwise affirmed. Appellant need not be present for this purpose.

SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.