Florida District Courts of Appeal, 1978

Counce v. State

Counce v. State
Florida District Courts of Appeal · Decided June 28, 1978 · Grimes, Ott, Scheb
363 So. 2d 351; 1978 Fla. App. LEXIS 16779 (Southern Reporter, Second Series)

Counce 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.

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

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