Florida District Courts of Appeal, 1981

Evans v. State

Florida District Courts of Appeal · Decided March 25, 1981 · Cobb, Dauksch, Orfinger

395 So. 2d 1242; 1981 Fla. App. LEXIS 19022 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Crabtree v. State (Fla. Dist. Ct. App. 1993)
Turner 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

COBB, Judge.

This case is before us on an appeal of the trial court’s denial of the appellant’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

Appellant attacks his sentence on two grounds. We find his argument with regard to his mandatory three-year minimum without merit. We agree with appellant that the phrase “at hard labor” should be stricken. That phrase is hereby stricken as surplusage. In all other respects, the judgment is affirmed. Stacey v. State, 370 So.2d 75 (Fla.2d DCA 1979); Beard v. State, 369 So.2d 1024 (Fla.1st DCA 1979).

DAUKSCH, C. J., and ORFINGER, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.