Florida District Courts of Appeal, 1978

Russell v. State

Russell v. State
Florida District Courts of Appeal · Decided December 5, 1978 · Booth, Boyer, Mills
364 So. 2d 868; 1978 Fla. App. LEXIS 17079 (Southern Reporter, Second Series)

Russell v. State

Opinion of the Court

PER CURIAM.

Russell’s conviction as a principal in the first degree to robbery with a weapon is affirmed. However, the provision in her sentence that she be imprisoned “at hard labor” is not authorized by law, and being merely surplusage, this provision is hereby stricken. Massey v. State, 351 So.2d 376 *869(Fla. 1st DCA 1977). As amended, the sentence is AFFIRMED.

BOYER, Acting C. J., and MILLS and BOOTH, JJ., concur.

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