Florida District Courts of Appeal, 1978

Sims v. State

Sims v. State
Florida District Courts of Appeal · Decided December 5, 1978 · Booth, Boyer, Mills
364 So. 2d 869; 1978 Fla. App. LEXIS 17080 (Southern Reporter, Second Series)

Sims v. State

Opinion of the Court

PER CURIAM.

Appellant has failed to demonstrate that the trial court abused his discretion in revoking appellant’s probation. The order of revocation of probation is accordingly affirmed. However, the provision in appellant’s sentence that he be confined “at hard labor” is not authorized by law, is surplus-age and as such is hereby stricken. Massey v. State, 351 So.2d 376 (Fla. 1st DCA 1977). As amended, the sentence is affirmed.

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

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