Florida District Courts of Appeal, 1979

Beard v. State

Florida District Courts of Appeal · Decided April 24, 1979 · Booth, Larry, Melvin, Smith

369 So. 2d 1024; 1979 Fla. App. LEXIS 14835 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Evans v. State (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from the denial of a motion for post-conviction relief under Rule 3.850, Fla.R.Crim.P. Though appellant raised several grounds, only one has any merit and that is that he was sentenced to imprisonment “at hard labor.” As held by this court in Ussery v. State, 350 So.2d 839 (Fla. 1st DCA 1977), that provision is technical surplusage and is hereby stricken. In all other respects, the judgment of the trial court is affirmed.

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

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