Florida District Courts of Appeal, 1980

Wilson v. State

Wilson v. State
Florida District Courts of Appeal · Decided March 3, 1980 · Smith, Wentworth
380 So. 2d 554; 1980 Fla. App. LEXIS 16042 (Southern Reporter, Second Series)

Wilson v. State

Opinion of the Court

PER CURIAM.

The defendant appeals a judgment and sentence which we affirm except as to the sentence of imprisonment “at hard labor.” Florida law contains no provision for a sentence “at hard labor,” and such language is hereby stricken as technical surplusage. Ussery v. State, 350 So.2d 839 (Fla. 1st DCA 1977).

Accordingly, the judgment and sentence appealed is affirmed as amended.

ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.

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