From Casetext: Smarter Legal Research

Gardner v. State

District Court of Appeal of Florida, Second District
Dec 2, 1977
352 So. 2d 578 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-1164.

December 2, 1977.

Appeal from Circuit Court, Citrus County; John W. Booth, Judge.

Jack O. Johnson, Public Defender, and W.C. McLain, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


The only point which merits discussion is the propriety of appellant's sentence to life in prison "at hard labor." To be imprisoned "at hard labor" is improper because no existing state statute provides for its imposition as a sentence for any offense. Brooks v. State, 349 So.2d 794 (Fla.2d DCA 1977).

Remanded for the purpose of striking the language "at hard labor" from the sentencing order; otherwise affirmed. Appellant need not be present for this purpose.

GRIMES, Acting C.J., and SCHEB and DANAHY, JJ., concur.


Summaries of

Gardner v. State

District Court of Appeal of Florida, Second District
Dec 2, 1977
352 So. 2d 578 (Fla. Dist. Ct. App. 1977)
Case details for

Gardner v. State

Case Details

Full title:DANIEL WILBUR GARDNER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 2, 1977

Citations

352 So. 2d 578 (Fla. Dist. Ct. App. 1977)