Florida District Courts of Appeal, 1978

Gerlach v. State

Gerlach v. State
Florida District Courts of Appeal · Decided December 6, 1978 · Boardman, Danahy, Ryder
365 So. 2d 196; 1978 Fla. App. LEXIS 17109 (Southern Reporter, Second Series)

Gerlach v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment of the trial court, but we find the phrase “at hard labor” in the sentence is improper because no existing Florida statute provides for imprisonment at hard labor as a sentence for any crime. Corsey v. State, 349 So.2d 738 (Fla.2d DCA 1977).

Remanded for striking the phrase “at hard labor” in the judgment and sentence; otherwise affirmed. Appellant need not be present for this purpose.

BOARDMAN, Acting C. J., and RYDER and DANAHY, JJ., concur.

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